HomeMy WebLinkAboutUpdates and Options for the Story Mansion
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Assistant to the City Manager
Chris A. Kukulski, City Manager
SUBJECT: Updates and Options for the Story Mansion
MEETING DATE: February 4, 2008
RECOMMENDATIONS:
1) Identify the use(s) of the Story Mansion grounds and facilities;
2) Based on the enclosed information, confirm the December 10, 2007 Commission
decision to “place the Story Mansion property into the Bozeman Parks System” and
“add[ing] this property to our [City Commissioner] list that we created in our work
sessions a few months ago of properties moving to park status”;
3) Identify priorities for grounds and facilities rehabilitation;
4) Establish a fundraising mechanism to raise $500,000 matching funds for the Save
America’s Treasures (SAT) Grant match and an additional $300,000 – $500,000 (based
on the Summary of Recommended Work and Estimated Costs for Limited Renovations
at the Story Mansion and Carriage House Assessment (Attachment 15) and set a May
31, 2008 deadline for raising these funds; and
5) Establish a deadline of June 15, 2008 to enter into contracts to utilize the SAT grant
funds.
BACKGROUND:
I. INTRODUCTION
A. On December 10th the Commission passed the following (3 motions and votes)
1) Motion and vote to place the Story Mansion property into the Bozeman
Parks System.
2) Motion and vote to direct the City Manager to come back with a budget
amendment of $50,000 to get the Save America's Treasures Grant in
operation.
3) Motion and vote to add this [Story Mansion] property to our [City
Commission] list that we created in our work sessions a few months
ago of properties moving to park status.
II. PARKS AND RECREATION
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A. Park Dedication
1) Dedicating the Story Mansion as a Park offers a high level of protection
and with that a high level of restrictions. It appears that any non-park use
is prohibited. Bozeman Municipal Code (BMC) 12.26.030, Q. states that it
is unlawful for any person in a park to “[d]isplay, offer to sell, or sell any
article or service without first obtaining a permit from the director”. BMC
12.26.050, E.-1. outlines the standards for issuance of a permit; the first
one states “[t]hat the proposed activity or use of the park is appropriate for
the named park and will not reasonably interfere with or detract from the
public’s use and enjoyment of the park”.
2) By dedicating the Story Mansion grounds as a park, but not the buildings
themselves, there may be more opportunities for uses that would generate
more revenue, such as offices or other uses appropriate to the grounds and
facility. The current R-1 zoning may need to be changed. This is
discussed in more detail in the report compiled by the Department of
Planning and Community Development. (For additional information
related to zoning see Attachment 14.)
B. Park Dedication Process
1) Survey the property;
2) Amend plat to dedicate property as parkland;
3) Submit to the Department of Planning and Community Development for
review;
4) Present to City Commission for final approval; and
5) Record the approved plat at the Gallatin County Clerk and Recorder’s
office.
C. Park Dedication - Pros
1) Protected from sale and private use;
2) Open to the public;
3) Eligibility for public land grants;
4) Open to Recreation Division programs;
5) Regulated by City Park rules and ordinances; and
6) Development regulated by a City Park master plan.
D. Park Dedication - Cons
1) Restricted leasing and renting options;
2) Added work load for Parks staff;
3) Use impacts on surrounding neighborhood;
4) Regulated by City Park rules and ordinances;
5) Obligation for a master plan; and
6) Potential for increased liability connected with inviting public onto
grounds.
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E. Protective or Restrictive Easement - Pros (For additional information see
herein IV. D. 6) d) 2) and Attachment 13)
1) SAT Grant currently requires a 50 year minimum easement that runs with
the property. This easement could be strengthened and/or lengthened
to suit the City’s desire for specific protections of the property and
facilities;
2) Easement “runs with the land” and must be observed by subsequent
owners, if any;
3) Potential for use to rehabilitate and preserve property and facilities; and
4) Potential for use to limit certain undesirable activities.
F. Protective or Restrictive Easement - Cons
1) Easement must be granted to a third party;
2) Requires significant oversight for restoration projects which must adhere
to the Secretary of the Interiors Standards for Rehabilitation;
3) Does not carry the statutory significance as that of a “dedicated park”; and
4) Easement may inadvertently or intentionally be allowed to lapse or
conditions loosened.
G. Story Mansion Grounds
1) The Story Mansion grounds cover approximately 2 acres
2) Open grounds and parking lot make up 1.5 acres
3) Useable area of the grounds, minus the parking lot, is approximately
43,000 sq. ft.
4) The grounds could be divided into two separate areas to be reserved or
reserved as one large area, depending on intended use
5) Possible uses for the Story Mansion grounds:
a) Weddings
b) Reunions
c) Picnics
d) Parties
e) Concerts, i.e., Lunch on the Lawn
f) Theater, i.e., Shakespeare in the Park
g) Passive park use
h) Recreation programs
H. Possible Grounds Use
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1) The Story Mansion grounds could be available for reservation and use
beginning spring 2008 without any additional work done on the buildings.
The Mansion grounds could be used for weddings, parties, group
gatherings or other activities that would not require onsite water and
electricity. Lindley and Bogert Parks average over 100 reservations
between June 1 and mid-September and are reserved nearly 7 days a week.
In the long term, we can expect similar numbers for the Story Mansion.
Grounds maintenance will be performed by the Parks Division.
(See Table 2.) Users would be required to supply portable toilets with
their reservation until outside accessible restrooms are made available.
Potable water and electrical service would not be available at this time.
Staff would provide the same assistance provided with other park
reservations.
I. Story Mansion Square Footages (For floor plans see Attachment 1.)
1) Main Floor total 2,600 sq. ft.
a) Breakdown of square footage of possible assembly spaces
1) Living room 304 sq. ft.
2) Dining room 252 sq. ft.
3) Foyer 192.5 sq. ft.
4) Library 150 sq. ft.
5) Office 88 sq. ft.
6) Total 986.5 sq. ft.
b) Possible uses:
1) Weddings
2) Reunions
3) Conferences
4) Holiday parties
5) Small concerts/Recitals
6) Fund raising events (perhaps not if dedicated as a park)
7) Meetings
8) Club functions
9) Recreation programs
10) Dinner theatre
11) Historical tours
12) Movie set/location
2) Second floor total 3, 750 sq. ft.
a) Divided into many rooms with a large open area at the top of stairs
b) Possible uses:
1) Offices
2) Meeting/Conference rooms
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3) Staging room for weddings
3) Third floor total 2,750 sq. ft
a) Large open “Ballroom”
b) A number of smaller rooms
c) Currently, access is inadequate
d) Possible uses, if accessibility is addressed:
1) Offices
2) Meeting/Conference rooms
3) Concerts, dance classes, etc.
4) Storage
4) Basement total 2,700 sq. ft
a) Possible uses:
1) Offices
2) Public restrooms accessible from both the interior and
exterior
5) Story Mansion total 11,410 sq. ft
J. Carriage House Square Footages
1) Main floor total 2,360 sq. ft.
a) There are fewer restrictions on the rehabilitation of the Carriage House
b) Possible uses:
1) Offices
2) Meetings
3) Conferences
4) Parties
2) Second Floor total 2,320 sq. ft
a) Possible uses
1) Small Concerts/Recitals
2) Theatre performances
3) Indoor Basketball leagues
4) Dog Training
5) Boxing Club
3) Carriage House total 4,680 sq. ft.
K. Potential Rental/Reservation pricing
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1) Mansion main floor
a) Local wedding venues charging between $1,500 and $2,700 per
day
b) Average is approximately $2,000 per day
c) Story Mansion main floor may rent for $1,000+ per day without
grounds
2) Grounds
a) Currently, Park reservation fees are $25 and $150- per day -per 7
hour time block- depending on size of group (See Table 1.)
1) Current reservation charges
Table 1.
Proposed Park Reservation Fee Schedule
October 2007
Park Reservation* Alcohol Waiver** Assembly Permit***
Number of People Everyone Everyone Everyone
1 – 24 $25.00 $25.00 N/A
25 – 74 $50.00 $25.00 N/A
75 – 199 $150.00 $25.00 $35.00
200 or more $1.00 per person $25.00 $35.00
* Park Reservation fees are per time block – 8:00am to 3:00pm and 3:30pm to 10:00pme
** Alcohol Waiver fees are assessed as a flat rate, only one fee per event
*** Assembly permit is required at 75 people or more.
2) Charge is the same whether a pavilion is included or not
3) Users must allow for public use of the unreserved portion
of park
b) We could possibly justify charging $300 - $350 for the Mansion
grounds on the basis of:
1) Historical value
2) Aesthetic backdrop of the mansion
3) Reservation of entire block
4) Less intrusion from public, relative privacy
c) Grounds could be reserved separated from the Mansion or reserved
with the reservation of the Mansion. Separate reservations of
grounds and mansion may, however, over time prove problematic.
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Public restrooms should be constructed in the first phases of
improvements. These could be attached to the Carriage House.
3) Office Space
a) Possibilities and pricing for office space may need to be addressed
once the use is determined by the Commission.
L. Maintenance
1) Grounds maintenance will be performed by the Parks Division. Users
would be required to supply portable toilets with their reservation until
outside accessible restrooms are made available. Potable water and
electrical service would not be available at this time. Staff would provide
the same assistance provided with other park reservations. (see Table 2)
Table 2.
Story Mansion Grounds Maintenance – By City Staff
Mowing Once per week for 25 weeks per year $1,125 per year
Aeration Once per year $42.50 per year
Fertilization Twice per year $270 per year
Weed Control As needed, estimated once per year $81 per year
Outdoor Garbage Collection Once per day, all year $3,042 per year
Weed Eating Once per week for 25 weeks $975 per year
Irrigation with Hose and
Sprinklers
3 hours per week, 22 weeks per year $1,584 per year
Snow Removal Estimated 15 snow events per year,
plowing sidewalks and parking lot
$739 per year
TOTAL $7,858.50 per year
M. Parking Issues
1) There is room for approximately 30 parking spaces in the current parking
area and 34 along Harrison Street and Grand Ave. The parking lot may
need expansion if use increases and groups are larger than 75 – 100. For
safety and efficiency the parking area should be striped and
signed.
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2) Current Parking Conditions: (For additional information related to
parking see Attachment 14.)
a) 60’ x 160’ = approximately 30 parking spaces allowing for
Handicap accessible spaces
1) One parking space is 9’ x 18’
2) One handicap space is 18’ x 18’
b) Lot should be appropriately striped and signed
c) Approximately 34 parking spaces along Harrison and Grand
1) On street spaces require 24’
d) Total spaces possibly available is 64
N. Staff and Advisory Board Roles
1) City staff
a) Maintenance
b) Policy implementation
c) Oversee rental and reservation program
2) Recreation and Parks Advisory Board (RPAB)
a) Advise the Commission and recommend policy including but not
limited to use and fees
Report compiled by Ron Dingman.
III. LEGAL DEPARTMENT
A. Legal Opinion - Future Transfer of Story Mansion (For the full opinion see
Attachment 2.)
1) Issue 1:
If the City Commission dedicates the Story Mansion property
through the subdivision process as park land, can the City lease, sell, or
transfer the Story Mansion property should the City Commission in the
future decide that the lease, transfer, or sale would be in the City’s best
interest?
2) Conclusion:
The City Commission could lease, sell, or transfer the Story
Mansion by:
a) A majority vote of the electors;
b) Sell or give the Story Mansion to a nonprofit
organization that agrees to restore or preserve the
property; or
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c) Enact an ordinance superseding state law under the City’s
self-government powers to permit the City Commission to
lease, sell, or transfer the Story Mansion by a simple
majority vote of the City Commission.
3) Issue 2:
If the City Commission dedicates the Story Mansion property as park land
through the subdivision process, are there limitations on the use of the
Story Mansion?
4.) Conclusion:
Yes, the uses must be consistent with park land uses. Improper use of park
land may be enjoined.
Report compiled by Paul Luwe.
IV. PLANNING DEPARTMENT – HISTROIC PRESERVATION
A. Rehabilitation Work Completed to Date
1) Project 1: Exterior Preservation
a) Year(s):
2005 - 2006
b) Source of funding:
Federal Economic Development Initiative Funds (EDI)
c) Amount of funding:
$500,000
d) Scope of work:
Lead paint abatement, repair of fascia and soffits, re-
pointing of mortar, address drainage at foundation, repair
the second floor porches or the east and west side of the
building, install a handicap ramp, repaint the mansion and
carriage house, install copper gutters and downspouts
2) Project 2: Window Replacement
a) Year(s):
2007
b) Source of funding:
Federal Economic Development Initiative Funds (EDI)
c) Amount of funding:
$385,000
d) Scope of work:
Restore and replace the diamond patterned windows
throughout the mansion with double glazed windows,
insulate, trim and repaint all openings.
B. Goal of Rehabilitation Work to the T.B. Story Mansion
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The goal of the T.B. Story Rehabilitation is to protect the historic property for the
continued benefit of the community, make the property operable, useable, and
sustainable for its remaining life, and preserve the historic character of the
property.
C. Benefits of Performing Rehabilitation Work to the T.B. Story Mansion
1) Protect a historic property for the continued benefit of the
community.
2) Create a building that is fully operable for the use of the public
(both residents and visitors).
3) Secure a historic property that is a central feature to the Bon Ton
Historic District, one of the most traveled and visited districts in
the City.
4) Produce a sustainable project by preserving the existing building’s
embodied energy.
5) Design a preservation project for the state and nation to recognize
and reward, with the linked benefits of media coverage and
tourism exposure.
6) Utilize the Save America’s Treasures $493,839 grant award
(creating a $987,678 investment into the property).
7) Enable other funding opportunities for the property’s operation.
D. Additional Funding Opportunities for Rehabilitation Work to the T.B. Story
Mansion
1) Community Transportation Enhancement Program
The Community Transportation Enhancement Program (CTEP) is
a Montana program that funds transportation related projects
designed to strengthen the cultural, aesthetic, and environmental
aspects of Montana's intermodal transportation system. The CTEP
allows for the implementation of a variety of non-traditional
projects. South Willson Avenue is designated an “urban route,”
which enables the City to obtain CTEP funding for projects along
its route.
“Historic Preservation” projects are potentially eligible for CTEP
funding. Projects in this category should enhance the
transportation experience by improving the ability of the public to
appreciate the significance of a historic property through a
contemporary transportation-related function. All historic
preservation projects must clearly demonstrate a contemporary
relationship to the surface transportation system by function,
proximity or impact. Historic facilities and sites can be “restored”
by returning the property to a condition that makes a contemporary
use possible, while preserving the significant historic features of
the property. An example of a previously funded historic
preservation CTEP project is the Carnegie Library at Bozeman and
Mendenhall.
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“Landscaping and Scenic Beautification” and “Acquisition of
Scenic or Historic Easements and Sites” projects are also
potentially eligible for CTEP funding. (For detailed descriptions
of each project category see Attachment 3.)
2) Preserve America Community Designation
a) Communities may apply for special designation as a
Preserve America Community, which recognizes
communities that:
1) Protect and celebrate their heritage;
2) Use their historic assets for economic development
and community revitalization; and
3) Encourage people to experience and appreciate
local historic resources through education and
heritage tourism programs.
b) Benefits of designation include:
1) White House recognition;
2) Certificate of recognition;
3) Preserve America Community road sign;
4) Eligibility for Preserve America grants;
5) Authorization to use the Preserve America logo on
signs, flags, banners, and promotional materials;
6) Listing in a Web-based Preserve America
Community directory;
7) National and regional press releases; and
8) Enhanced community visibility and pride.
c) The Montana State Historic Preservation Office (SHPO)
won a 2006 and 2007 Preserve America grant. The 2007
grant is for the “Montana Heritage Preservation Education
& Training Initiative.” SHPO is distributing the grant
award in smaller amounts to designated Montana Preserve
America Communities that are proposing a project in the
education and training theme.
d) Once designated as a Preserve America Community, the
City of Bozeman is eligible to receive Preserve America
grant funding through SHPO, or may rather apply for a
Preserve America grant on its own for the benefit of the
T.B. Story Mansion.
3) National Trust for Historic Preservation – Preservation Funds
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a) The Preservation Funds provide two types of
assistance to nonprofit organizations and public
agencies:
1) Matching grants from $500 to $5,000 for
preservation planning and educational
efforts, and
2) Intervention funds for preservation
emergencies. Matching grant funds may be
used to obtain professional expertise in
areas such as architecture, archeology,
engineering, preservation planning, land-use
planning, fund raising, organizational
development and law as well as to provide
preservation education activities to educate
the public.
b) The Johanna Favrot Fund for Historic Preservation
provides nonprofit organizations and public agencies grants
ranging from $2,500 to $10,000 for projects that contribute
to the preservation or the recapture of an authentic sense of
place. Funds may be used for professional advice,
conferences, workshops and education programs.
c) The Cynthia Woods Mitchell Fund for Historic Interiors
provides nonprofit organizations and public agencies grants
ranging from $2,500 to $10,000 to assist in the
preservation, restoration, and interpretation of historic
interiors. Funds may be used for professional expertise,
print and video communications materials, and education
programs.
d) Both funds could potentially apply to future T.B. Story
Mansion work. For example, the preservation and
restoration of the first floor’s interior features, including the
wood paneling and shelving. Another example,
professional advice may be required to perform a study on
the best adaptive reuse of the Carriage House. (For
additional details on the preservation funds see
Attachments 4 and 5.)
4) Federal Historic Preservation Tax Incentives Program
a) Federal historic preservation tax credits could provide
money for historic renovation of the Story Mansion. In
order to access this money the City would need to expend
between than $1.3 - 2.1 million in eligible rehabilitation
costs in the next 60 months, and create a for-profit entity
with an interested tax credit investor or syndicator. This
scenario would yield $260,000-$420,000 in tax credits.
Once the renovation work was completed, the investor
would remain an owner of the building for a minimum of 5
13
years. Lease or use of the property by a tax exempt
(government or non-profit) entity would be limited to not
more than 35% of the square-footage of the building. (For
additional details see Attachment 6.)
b) This is a very complex process; a legal advisor
should be retained to guide the City in future steps.
Federal Historic Preservation Tax Incentives Program report compiled by Anna Rosenberry.
5) US Senator Max Baucus FY2009 Appropriations
a) Because of Senator Baucus’ past support of the T.B. Story
Mansion, there is the potential to request a Federal
Appropriation through his office for the property’s
rehabilitation and operation. A proposed project should
demonstrate its importance to Montana or the local
community. (For additional details see Attachment 7.)
6) Save America’s Treasures Grant
a) Intent of SAT Grant Program
The intent of the Save America’s Treasures (SAT) grant
program is to honor projects that feature preservation and
rehabilitation work to a historic property. The property
must be listed on the National Register of Historic Places.
Overall, the grant money should pay for structural or
restoration work that is required to continue the building
operating for the next 50+ years. The SAT grant program
is considered highly competitive.
b) Background of T.B. Story Mansion SAT Grant
1) The City of Bozeman was awarded a Fiscal Year
2004 Historic Preservation Fund (HPF) grant for the
Federal Save America’s Treasures Grant Program
administered by the National Park Service (NPS).
2) The City signed the SAT grant agreement on
August 1, 2005, with an end date of July 31, 2007.
Said grant is in the amount of $493,839 for
preservation and/or rehabilitation work to the T.B.
Story Mansion, Carriage House and affiliated
grounds, as recognized by the National Register of
Historic Places.
3) Two years have passed and the SAT grant
agreement has since “expired.” The NPS is
requesting an interim progress report on the grant
work to be submitted by the City as soon as
possible. Within this report, an extension can be
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requested to allow the grant agreement to extend
until July 31st 2008.
4) If the City begins the proposed, or amended, project
scope of work before July 31, 2008, the NPS can
issue an extension to allow one additional year to
spend all the grant money. This means money
could be spent until July 31st 2009.
c) Benefits to Using the SAT Grant
1) Invest $986,000 into the historic property for its
continued operation.
2) Commemorate our State Senators who worked
diligently in obtaining the largest SAT grant award
issued in 2004.
3) Encourage the National Park Service, and other
federal agencies, to further support the project with
future grant awards.
4) Enable partnership opportunities with other
government agencies and local non-profit groups.
d) Conditions or “Strings Attached” Using the SAT Grant
1) The SAT grant requires a dollar-for-dollar non-
Federal matching share contribution, which can be
cash or non-cash donations of services,
equipment use, or supplies. The NPS does not
require the entire match all up front. A work plan
can be phased, allowing increment deposits of the
total grant agreement. Though, at the time any
amount of money is requested by the City, the
match must be provided.
2) To guarantee the continued protection of the
historic property, the City must grant a preservation
easement for the property to the Montana State
Historic Preservation Office. The easement will run
with the land and therefore, onto any new owner.
The easement must run with the property for a
minimum of fifty (50) years and shall require
twelve (12) days of public access ADA
accessibility included) to a portion of the
property (the visitation is a Federal
requirement).
3) The SAT grant money awarded by the NPS can
only be applied to activities that occur during the
specified time period of the grant agreement (so in
other words, the costs related to the City’s purchase
of the Mansion could not be applied).
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4) The SAT grant money awarded by the NPS can
only be used for costs directly related to the
approved preservation project (and not for lobbying
costs, fundraising costs, etc.).
5) The City must submit resumes and responses to its
RFPs, along with its justification for which
consultant(s) it proposes to select for grant-assisted
work, to the NPS. The proposed consultant(s)
must have experience and training in historic
preservation to oversee the construction work to
be performed. This requirement also applies to
volunteer services.
6) The City must maintain accurate record keeping,
including the property, personnel, financial,
procurement and other records and accounts
pertinent to the funds awarded by the SAT grant.
Record keeping is the charge of the “grant
manager.”
7) The NPS may have access to the project records &
finances at any time. Because the grant award is
less than $500,000, a federally mandated audit is
not triggered.
8) The approved project, or any amendment, must
comply with Section 106 of the National Historic
Preservation Act. The Montana State Historic
Preservation Office makes the determination of
whether or not a project abides by Section 106.
9) The approved preservation project, or any
amendment, must conform to the Secretary of
Interior Standards for Treatment of Historic
Properties.
10) Press releases about this project must acknowledge
the grant assistance provided by the NPS and copies
of the press releases must be provided to NPS.
e) Additional Important Notes with SAT Grant
1) The building can change ownership, including
private ownership, without a problem (the NPS
doesn’t care who owns the property, as long as the
easement is in place).
2) Because the City signed the grant agreement, the
money will still have to flow through the City.
However, the match can come from elsewhere
(except for another federal grant) as long as it is
accurately documented.
f) Amendment to the Project Scope
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1) The project scope described in the current grant
application includes the following components:
1.1) Repair living room floor of Mansion;
1.2) Reinforce floor joists, beams and headers;
1.3) Re-roof Carriage House; and
1.4) Access tower to include ADA elevator for
Mansion.
2) Amendments or changes to the project scope must
be submitted to the National Park Service (NPS) in
the progress report for their approval. Amendments
are typical for SAT grant projects and are well
received by NPS if they abide by the Secretary of
Interior’s Standards for Rehabilitation. The
Montana State Historic Preservation Office (SHPO)
will review the work during their typical Section
106 review of the work.
g) Secretary of Interior’s Standards for Rehabilitation
1) All amended work proposed within the
project scope must meet the Secretary of the
Interior’s Standards for Rehabilitation. The
following two definitions are inherent to the
Standards:
1.1) Preserve – to maintain a
structure’s existing form
through careful maintenance
and repair; and
1.2) Rehabilitate – to repair a structure
and make it usable again while
preserving those portions or features
of the property that are historically
and culturally significant.
2) If the Commission wishes to pursue interior
rehabilitation of the Mansion’s first floors,
the project must pay attention to interior
spaces, features, and finishes, and interior
structural and mechanical systems. (For the
guidelines on “recommended” and “not
recommended” approaches to a historic
building’s interior see Attachments 8, 9
and 10.) These guidelines are based on the
Standards for Rehabilitation and considered
by the National Park Service when
determining a project scope’s historic
appropriateness.
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h) In summary, the amended project should preserve
and retain the floor plan and interior spaces that are
important in defining the overall historic character
of the building. This includes the size,
configuration, proportion, and relationship of rooms
and corridors; the relationship of features to spaces;
and the spaces themselves such as lobbies, reception
halls, entrance halls, and central or primary stair
wells. Altering the floor plan by demolishing
principal walls and partitions to create a new
appearance is not recommended. Areas of the floor
plan that were changed later in the building’s
lifetime provide more flexibility in alteration
approaches because they are not original to the
house. For example, this includes the enclosure of
the rear porch for the kitchen expansion. The
amended project should also preserve and protect
interior features and finishes that are important in
defining the overall historic character, including
fireplaces, paneling, baseboards, flooring, light
fixtures, and other decorative materials that accent
interior features. Stripping interiors of significant
features is not recommended. Finally, the amended
project should preserve interior structural and
mechanical systems that are important in defining
the overall historic character of the building.
i) Eligible and Non-Eligible Grant Work. The Commission
should reference the following lists to obtain an overall
concept of the type of work “eligible” and “non-eligible”
for grant work:
1) Eligible grant work (non-comprehensive)
1.1) Preservation and/or conservation work on
historic structures and site (hereinafter
historic property).
1.2) Structural stabilization work and repair (i.e.
foundation repair).
1.3) ADA compliance work (i.e. accessible
ramps, accessible bathrooms).
1.4) Building/Fire Code improvements and life
and public safety upgrades.
1.5) HVAC system additions.
1.6) Wiring/electrical updates.
2) Non-eligible grant work (non-comprehensive)
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2.1) Acquisition (i.e. purchase in fee
simple or interest) of historic sites,
buildings, structures or objects.
2.2) Survey or inventory of historic properties.
2.3) Long-term maintenance work beyond the
grant period (i.e. landscaping irrigation
systems and catering kitchen).
2.4) Interpretive or training programs.
2.5) Reconstruction of historic properties (i.e.
recreating all or a significant portion of a
structure that no longer exists).
2.6) Moving historic properties or work on
historic properties that have been moved.
2.7) Construction of new buildings.
2.8) Furniture or other non-historic interior
decorations (i.e. flat screen TVs).
2.9) Historic structure reports and condition
assessments, unless they are one component
of a larger project to implement the results
of these studies by performing work
recommended by the studies.
2.10) Cash reserves, endowments or revolving
funds. Funds must be expended within the
grant period and may not be used to create
an endowment or revolving fund or
otherwise spent over many years.
2.11) Costs of fund-raising campaigns.
2.12) Costs of work performed prior to
announcement of award. In very special
circumstances, the NPS may agree to allow
pre-agreement costs to be counted toward a
grantees matching share.
(For additional details on the exception
processes see Attachment 11.)
j) Dollar-for-Dollar Match
1) The SAT grant requires a dollar-for-dollar non-
Federal matching share contribution, which can be
cash or non-cash donations of services,
equipment use, or supplies. A non-cash donations
are also known as a in-kind contribution, and is
defined as non-cash input which can be given cash
value. In-kind contributions may be donated by
the grantee (City) or a third-party. The NPS
does not require the entire match all up front. A
work plan can be phased, allowing increment
deposits of the total grant agreement. Though, at
the time any amount of money is requested by the
City, the match must be provided.
19
2) All costs and matching share contributions must
normally be incurred during the grant period. In-
kind contributions are eligible only to the extent that
they represent actual necessary costs to which the
SAT grant fund is applied. Two types of costs are
explicitly listed as non-permitted contributions:
2.1) Fundraising costs; and
2.2) Costs of acquiring a property.
3) Volunteer services furnished by professional and
technical personnel, consultants, and other skilled
and unskilled labor may be counted as cost sharing
or matching if the service is an integral and
necessary part of an approved project. Rates for
volunteer services shall be consistent with those
paid for similar work in the recipient’s organization.
Paid fringe benefits that are reasonable, allowable,
and allocable may be included in the valuation.
Volunteer services are selected and monitored by
the “project manager,” who obtains preservation
expertise, to ensure their work is appropriate for the
grant work. Volunteer services are documented by
the “grant manager” through the use of recorded
timesheets.
4) Donated supplies may include such items as office
supplies or construction materials such as bricks
and lumber, and may be counted as cost sharing or
matching if they are needed to perform the grant-
assisted work. Value assessed to donated supplies
shall be reasonable and shall not exceed the fair
market value of the supplies at the time of the
donation. The value of loaned equipment shall not
exceed its fair rental value. Donated supplies, and
their affiliated value, are documented by the project
manager and grant manager through the use of
recorded worksheets. (For additional information
see Attachment 12.)
k) Preservation Easement
1) To guarantee the future protection of the historic
structure, the City must grant a preservation
easement for the property to the Montana State
Historic Preservation Office. The easement will run
with the land and therefore, onto any new owner.
The easement must run with the property for a
minimum of fifty (50) years and shall require
twelve (12) days of public access ADA
accessibility included) to a portion of the
20
property (the visitation is a Federal
requirement). Overall, the easement conditions
must be approved by NPS. (For additional
information see Attachment 13.)
E. Conclusion
1) Several benefits occur from rehabilitation work to the T.B. Story Mansion.
Primarily, a historic property is protected for the continued benefit of the
community. The Save America’s Treasures (SAT) grant for the T.B.
Story Mansion provides up to $987,678 for the preservation of the historic
landmark. The SAT grant is the result of Senators’ Baucus and Burns who
vigorously supported restoration of the historic property. Utilizing the
SAT grant award commemorates their hard work in obtaining the grant
appropriation. The conditions linked with the SAT grant most certainly
restrict some of the anticipated uses for the Mansion. However, the
Commission should note that the designated “R-1” zoning also imposes
use restrictions. Additional funding opportunities emerge if the historic
property is rehabilitated, including Community Transportation
Enhancement Program (CTEP) funding, Preserve America grant funding,
National Trust funding and Federal Historic Preservation Tax Incentives.
Report compiled by Allyson Bristor.
V. PLANNING DEPARTMENT – ZONING AND PARKING REQUIRENMENTS
A. Zoning and Parking Requirements for the Story Mansion (See Attachment 14)
Report compiled by Courtney Kramer.
VI. BUILDING AND FACILITIES DEPARTMENTS
A) Building Code Requirements
1) The Story Mansion rehabilitation will require minimum Building/Fire
code upgrades depending on the use of the property.
a) Accessibility:
Minimum accessibility is required for all floors intended to be used
by the general public. The first floor is required to have one
ADA (Americans with Disabilities) restroom.
b) Structural:
All floor loads will need to be reviewed and evaluated by a
structural engineer to verify that the structural capacities meet
requirements for any intended change of use.
c) Occupant Loads:
The use and corresponding occupant loads will determines the
following factors;
1) Required number of exits;
21
2) Additional exits will be required when the occupant load
exceeds 30 occupants above the main level of exit
discharge;
3) Door swings in direction of travel;
4) Panic hardware;
5) Emergency lighting; and
6) Exit signage
d) Electrical/Plumbing/Heating
Upgrades to the electrical, plumbing and heating systems may be
necessary to meet current code specifications and requirements.
e) Fire Sprinklers/Alarms:
Fire suppression and fire alarm systems are required throughout
the Story Mansion for any intended change of use.
B) Summary:
The references above are not all inclusive and may change based on the intended
use of the Story Mansion. These references are minimum requirements from the
2006 International Building Code and the 2003 NFPA 1/Uniform Fire Code.
Report compiled by Greg Megaard and Calvin Doerksen.
VII. COMMA-Q ARCHITECTURE, INC.
A. Summary of Recommended Work and Estimated Costs for Limited Renovations
at the Story Mansion and Carriage House (See Attachment 15)
Report compiled by Ben Lloyd of Comma-Q Architecture, Inc.
VIII. FINANCE DEPARTMENT
A. Story Mansion Construction Fund
1) The Finance Department has established the Story Mansion
Construction Fund and a donation account within the fund.
Members of the public may make donations by visiting City Hall
or mailing payments to The Story Mansion Construction Fund c/o
the City of Bozeman, P.O. Box 1230, Bozeman, MT 59771.
B. Tax Deductibility of Donations
1) The City of Bozeman advises interested parties to contact their income tax
professional, as an individual’s tax circumstances can affect deductibility
of charitable contributions. The City of Bozeman, per se, is not exempt under
501(c)(3), but instead qualifies as being tax exempt under Section 170.
2) The IRS Code recognizes that “an organization that is exempt from federal income
tax other than as an organization described in section 501(c)(3) may, if it desires,
establish a fund, separate and apart from its other funds that will thus qualify.”
Pursuant to IRS Publication 557, therefore, the City of Bozeman's Story Mansion
22
Construction Fund qualifies for Section 501(c)(3) treatment under the Internal
Revenue Service Code.
Report compiled by Anna Rosenberry.
FISCAL EFFECTS: Undetermined
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
___________________________________ ____________________________
Brit Fontenot, Assistant to the City Manager Chris A. Kukulski, City Manager
MDT CTEP Manual Chapter 1 – CTEP Program
1-10 August 2007
1.3.2 Landscaping and Scenic Beautification
This category includes landscape planning, design and construction projects that enhance the
aesthetic or ecological resources along highways, other transportation corridors (e.g., railways,
bike paths, sidewalks), points of access and lands qualifying for other categories of CTEP
activities. For example, projects that enhance the aesthetic resources or restore the ecological
balance of the transportation system may include scenic overlooks as well as restoration of
historic landscapes. Consider the following:
1. Eligible Uses. Eligible uses include:
reintroducing native or endangered plants or trees;
landscaping as part of other eligible CTEP categories;
linear highway landscaping, landscaping at interchanges, landscaping at noise
barriers and landscaping or visually enhancing bridges; and
streetscape projects (e.g., period lighting, historic sidewalk pavers, benches,
planting containers, decorative walls and walkways, signs, public art, historical
markers).
2. Ineligible Uses. Ineligible uses include:
security lighting;
stand-alone drainage systems;
constructing noise barriers or drainage improvements;
post-construction finish work not related to a CTEP project (e.g., replanting,
reseeding); and
routine, incidental or maintenance activities (e.g., cutting grass, tree pruning or
removal, erosion control, screen planting).
3. Budget Considerations. Budget items for consideration include:
engineering fees, irrigation,
environmental documentation, debris removal, and
grading, hauling and dumping.
planting,
MDT CTEP Manual Chapter 1 – CTEP Program
August 2007 1-11
1.3.3 Historic Preservation
Projects in this category should enhance the transportation experience by improving the ability of
the public to appreciate the significance of a historic property through a contemporary
transportation-related function. All historic preservation projects must clearly demonstrate a
contemporary relationship to the surface transportation system by function, proximity or impact.
Historic facilities and sites can be “restored” by returning the property to a condition that makes
a contemporary use possible, while preserving the significant historic features of the property.
Consider the following:
1. Eligible Uses. Eligible uses include:
preserving a transportation-related historic property;
preserving a non-transportation-related historic property, while creating a
contemporary transportation use;
costs associated with contemporary utility upgrades (e.g., water, electric, heating,
air conditioning) when appropriate to make a building viable for continued public
use; and
costs associated with identifying, evaluating, recording, documenting, protecting,
rehabilitating, interpreting, restoring and stabilizing a historic district, site or
structure.
2. Ineligible Uses. Ineligible uses include:
restoring private facilities for a non-public use;
replicating or duplicating a historic building, structure or site;
researching a site for eligibility on the National Register of Historic Places; and
installing improvements designed for a non-transportation use or tenant (e.g.,
office partitions, furniture, display cases).
3. Budget Considerations. Budget items for consideration include:
architectural and engineering fees, construction costs,
environmental documentation, landscaping, and
permits, eligible furnishings and equipment.
project management,
MDT CTEP Manual Chapter 1 – CTEP Program
August 2007 1-15
present regularly scheduled programs and exhibits that use and interpret objects
for the public according to accepted standards; and
have at least one full-time paid professional staff member who has museum
knowledge and experience and has delegated authority and allocated financial
resources sufficient to operate the museum effectively.
2. Eligible Uses. Eligible uses include:
adding to an existing facility for use as a transportation museum;
purchasing artifacts, displays, etc., relating to surface transportation;
costs associated with stabilizing and restoring historic structure elements, interior
and exterior; and
constructing a new facility or preserving a historic building for use as a
transportation museum.
3. Ineligible Uses. Ineligible uses include:
operating and maintenance costs;
aviation-related museum facilities, displays, artifacts, etc; and
reconstruction, refurbishing or rehabilitation of existing museums, nor portions of
museums that are not for transportation purposes.
4. Budget Considerations. Budget items for consideration include:
architectural and engineering fees, ADA parking facilities,
environmental documentation, landscaping,
permits, exhibits, and
project management, furnishing and equipment.
construction costs,
1.3.8 Acquisition of Scenic or Historic Easements and Sites
The primary purpose of this category is to preserve and protect scenic views and scenic or
historic sites (including historic battlefields) in the view-sheds of the traveling public. This
activity is intended to create an obvious improvement to the use of a transportation corridor by
the traveling public, and to add to their enjoyment of the area. The sponsor must also guarantee
the perpetual preservation of the scenic or historic value of the acquisition by placing the
property or easement into public ownership. Consider the following:
MDT CTEP Manual Chapter 1 – CTEP Program
1-16 August 2007
1. Eligible Uses. Eligible uses include:
acquiring land around a historic site;
acquiring, donating or transferring land to develop vehicular pullouts at scenic or
historic locations;
planning and transaction costs (e.g., appraisals, surveys, legal costs) that lead to
the purchase/protection of easements/properties; and
acquiring, donating or transferring land that possesses significant aesthetic,
natural, visual or open space values to preserve a scenic view-shed.
2. Ineligible Uses. Ineligible uses include:
purchasing a historic site that will have no public benefit, and
purchasing land where no development is anticipated in the foreseeable future.
3. Budget Considerations. Budget items for consideration include:
planning and transaction costs (e.g.,
appraisals, surveys, legal costs) that
lead to the purchase of
easements/properties;
land acquisition;
construction of turnarounds and
engineering costs associated with
these designs;
landscaping; and
interpretative/directional signs and
installation.
1.3.9 Archaeological Planning and Research
This category includes transportation-related archaeological site preservation and interpretation,
planning to improve identification, evaluation and treatment of sites, data recovery, research on
sites, etc., which benefit the surface transportation system. Consider the following:
1. Eligible Uses. Eligible uses include:
developing interpretive signs, exhibits and guides;
experimental projects in archaeological site preservation and interpretation;
researching sites as part of another CTEP project under a different category;
stand-alone archaeological planning and research projects related to
transportation; and
Johanna Favrot Fund for Historic Preservation Guidelines and Eligibility
In July 1994, the Johanna Favrot Fund for Historic Preservation was created in honor of Johanna
Favrot’s 80th birthday. The fund aims to save historic environments in order to foster an appreciation
of our nation’s diverse cultural heritage and to preserve and revitalize the livability of the nation’s
communities.
Grants from the Johanna Favrot Fund for Historic Preservation generally range from $2,500 to
$10,000. The selection process is very competitive. Applicants are encouraged to develop proposals
carefully and to complete the application form with the assistance and guidance of the National Trust
regional office serving their state. The review process is generally completed within three months of
the application deadline, and applicants are notified in writing once the review process is complete.
Application postmark deadline is February 1.
Public agencies and nonprofit organizations are
eligible. Individuals and for-profit businesses
may apply only if the project for which funding is
requested involves a National Historic Landmark.
Programs of the National Trust are also eligible
to apply for grants from the Favrot Fund.
Applicants that have received previous
National Trust financial assistance are eligible
provided that all grant requirements are current.
Only one grant will be awarded per
organization in any grant round. Only one
grant will be awarded for a particular project
phase.
Applicants must be capable of matching the grant
amount dollar-for-dollar. A cash match is
required and can come from private or public
sources, or from income earned from registration
fees or fundraising activities. Donated materials
and services, staff salaries and organizational
overhead costs are not eligible sources of a
match. Other funding from the National Trust
may not be used to match a Favrot Fund grant.
Consultants must be approved by the National
Trust before grant funds are disbursed.
Grant recipients are required to sign a contract
agreeing to the conditions of the program.
Grants or matching funds cannot be used
directly or indirectly to influence a member of
Congress to favor or oppose any legislation or
appropriation.
Grant recipients must include appropriate
acknowledgement of National Trust financial
support in all printed materials generated for
the project.
Successful applicants are required to become
members of National Trust Forum, the National
Trust’s organizational and professional level
membership program, prior to the disbursement
of grant funds. For information on Forum, visit
http://forum.nationaltrust.org/
JOHANNA FAVROT FUND FOR HISTORIC
PRESERVATION
Guidelines and Eligibility
ELIGIBLE APPLICANTS
GRANT CONDITIONS
Johanna Favrot Fund for Historic Preservation Guidelines and Eligibility
Any documents or plans for preservation work
that result from the project must conform to the
Secretary of the Interior’s Standards for the
Treatment of Historic Properties.
Applicants must agree not to discriminate against
any employee or applicant for employment
because of race, color, religion, sex, age, national
origin or sexual orientation. This obligation also
extends to disabled veterans, Vietnam-era
veterans, and handicapped persons.
At least three (3) competitive bids/quotes must
be obtained for any procurement of services
that exceeds $25,000. This provision applies
only to portions of the project supported by
National Trust grant funds.
Within one year from the grant disbursement
date, a final report and financial accounting of
the expenditure of the grants must be
submitted. If the project is not completed in
accordance with the contract, the grant funds
must be returned.
Favrot Fund grants are awarded for planning
activities and education efforts focused on
preservation.
Grants may be made for activities and projects
such as:
Obtaining the services of consultants with
expertise in areas such as architecture,
planning, economics, archeology, fund
raising, media relations, education or
graphic design
Obtaining professional advice to strengthen
management capabilities
Designing, producing and marketing print
and video communications materials
Sponsoring preservation conferences and
workshops
Designing and implementing innovative
preservation and education programs
Building or other construction activities
Academic research
Acquisition of real property or objects
Historic resource surveys to create
inventories or nominations to list resources
in the National Register
Fees for consultant services
Speaker/faculty costs (honoraria, travel, and
lodging), room rental for conferences
Mailing costs for distribution of materials
Web site development
Materials and services such as printing,
photographs, telephone, and supplies. With
the exception of publication projects, these
costs may not exceed 10 percent of the
project budget
Staff or faculty salaries
Organizational overhead costs
Catering, food and beverage, entertainment
Construction or other capital improvement
costs
Expenses incurred prior to award date
ELIGIBLE ACTIVITIES
INELIGIBLE EXPENSES
INELIGIBLE ACTIVITIES
ELIGIBLE EXPENSES
Johanna Favrot Fund for Historic Preservation Guidelines and Eligibility
The selection committee will place particular
importance on the likelihood that the requested
assistance will contribute to the preservation or
recapture of an authentic sense of place.
The committee will also consider:
The historic significance and the present or
potential charm of the property,
neighborhood or community to be assisted
The need for funding and the urgency of the
project
The project’s budget and the applicant’s
proven ability to secure matching funds
The project’s timeline
Evidence of community support for the
project
The long-term objectives or impact of the
project
The qualifications of the key personnel,
including consultants
The demonstrated ability of the applicant to
complete preservation projects
The potential to replicate the project in
other communities
The potential of the project to be a catalyst
for further positive action to benefit other
historic properties, neighborhoods, or
communities
All applicants must complete the Johanna Favrot Fund for Historic Preservation application form.
Completed applications and attachments should be mailed to the appropriate National Trust regional
office serving your state. Regional office staff can provide helpful guidance for the application
process. Contacting your regional office before submitting an application is highly
recommended.
Midwest Office
53 W. Jackson Blvd., Suite 350
Chicago, IL 60604
312-939-5547 mwro@nthp.org
(IL, IN, IA, MI, MN, MO, OH, WI)
Mountains/Plains Office
535 16th Street, Suite 750
Denver, CO 80202
303-623-1504 mpro@nthp.org
(CO, KS, MT, NE, ND, SD, UT, WY)
Northeast Office
7 Faneuil Hall Marketplace, 4th Floor
Boston, MA 02109
617-523-0885 nefo@nthp.org
(CT, ME, MA, NH, NY, RI, VT)
Northeast Field Office
6401 Germantown Avenue
Philadelphia, PA 19144
215-848-8033 nero@nthp.org
(DE, NJ, PA)
Southern Office
456 King Street
Charleston, SC 29403
843-722-8552 soro@nthp.org
(AL, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI)
Southern Field Office
1785 Massachusetts Ave., NW
Washington, DC 20036
202-588-6107 sfo@nthp.org
(DC, MD, VA, WV)
Southwest Office
500 Main Street, Suite 1030
Fort Worth, TX 76102
817-332-4398 swro@nthp.org
(AR, NM, OK, TX)
Western Office
The Hearst Building
5 Third Street, Suite 707
San Francisco, CA 94103
415-947-0692 wro@nthp.org
(AK, AZ, CA HI, ID, NV, OR, WA,
Pacific Island territories)
CRITERIA
HOW TO APPLY
Cynthia Woods Mitchell Fund for Historic Interiors Guidelines and Eligibility
In July 1997, George P. Mitchell made a generous gift to the National Trust for Historic Preservation
to establish the Cynthia Woods Mitchell Fund for Historic Interiors in honor of his wife. The purpose
of the fund is to assist in the preservation, restoration, and interpretation of historic interiors.
Grants from the Cynthia Woods Mitchell Fund for Historic Interiors generally range from $2,500 to
$10,000. The selection process is very competitive. Applicants are encouraged to develop proposals
carefully and to complete the application form with the assistance and guidance of the National Trust
regional office serving their state. The review process is generally completed within three months of
the application deadline, and applicants are notified in writing once the review process is complete.
Application postmark deadline is February 1.
Public agencies and nonprofit organizations are
eligible. Individuals and for-profit businesses
may apply only if the project for which funding is
requested involves a National Historic Landmark.
Programs of the National Trust are also eligible
to apply for grants from the Cynthia Woods
Mitchell Fund.
Applicants that have received previous
National Trust financial assistance are eligible
provided that all grant requirements are current.
Only one grant will be awarded per
organization in any grant round. Only one
grant will be awarded for a particular project
phase.
Applicants must be capable of matching the grant
amount dollar-for-dollar. A cash match is
required and can come from private or public
sources, or from income earned from registration
fees or fundraising activities. Donated materials
and services, staff salaries and organizational
overhead costs are not eligible sources of a
match. Other funding from the National Trust
may not be used to match a Mitchell Fund grant.
Grants or matching funds cannot be used directly
or indirectly to influence a member of Congress
to favor or oppose any legislation or
appropriation.
Consultants must be approved by the National
Trust before grant funds are disbursed.
Any documents or plans for preservation work
that result from the project must conform to the
Secretary of the Interior’s Standards for the
Treatment of Historic Properties.
Successful applicants are required to become
members of National Trust Forum, the National
Trust’s organizational and professional level
membership program, prior to the disbursement
of grant funds. For information on Forum, visit
http://forum.nationaltrust.org/
At least three (3) competitive bids/quotes must
be obtained for any procurement of services
that exceeds $25,000. This provision applies
only to portions of the project supported by
National Trust grant funds.
ELIGIBLE APPLICANTS
GRANT CONDITIONS
CYNTHIA WOODS MITCHELL FUND
FOR HISTORIC INTERIORS
Guidelines and Eligibility
Cynthia Woods Mitchell Fund for Historic Interiors Guidelines and Eligibility
Within one year from the grant disbursement
date, a final report and financial accounting of the
expenditure of the grants must be submitted. If
the project is not completed in accordance with
the contract, the grant funds must be returned.
Grant recipients must include appropriate
acknowledgement of National Trust financial
support in all printed materials generated for the
project.
Applicants must agree not to discriminate
against any employee or applicant for
employment because of race, color, religion,
sex, age, national origin or sexual orientation.
This obligation also extends to disabled
veterans, Vietnam-era veterans, and
handicapped persons.
Grant recipients are required to sign a contract
agreeing to the conditions of the program.
Grants from the Mitchell Fund are awarded for
planning activities and education efforts focused
on the preservation of historic interiors.
Grants may be made for activities and projects
such as:
Obtaining professional expertise in areas
such as architecture, planning, paint
analysis, archeology, fund raising, media
relations, or graphic design
Hiring a preservation architect to create an
interior restoration plan
Hiring a consultant to develop a
conservation plan for an interior’s textiles
Producing a historic furnishings plan
Hiring a fundraising consultant to launch a
capital campaign for a building’s interior
rehabilitation
Sponsoring a workshop on the preservation
of historic interiors
Building or other construction activities
Academic research
Projects focused on a building’s exterior
Acquisition of real property or objects
Fees for consultant services
Speaker/faculty costs (honoraria, travel, and
lodging), room rental for conferences
Mailing costs for distribution of materials
Web site development
Materials and services such as printing,
photographs, telephone, and supplies. With
the exception of publication projects, these
costs may not exceed 10 percent of the
project budget
Staff or faculty salaries
Organizational overhead costs
Catering, food and beverage, entertainment
Construction or other capital improvement
costs
Expenses incurred prior to award date
ELIGIBLE ACTIVITIES
INELIGIBLE ACTIVITIES
ELIGIBLE EXPENSES
INELIGIBLE EXPENSES
Cynthia Woods Mitchell Fund for Historic Interiors Guidelines and Eligibility
The selection committee will place particular
importance on the likelihood that a grant will
make a significant contribution to the
preservation, restoration, or interpretation of one
or more historic interiors.
The committee will also consider:
The historic significance of the property to be
assisted
The extent to which the requested assistance
will act as seed money to make a difference
in preservation, restoring or interpreting the
historic interior, including what other funds
might be leveraged by an award
The potential of the project to be a catalyst
for further positive action to benefit other
historic interiors, properties, neighborhoods,
or communities
The adequacy of plans for the future
maintenance of the property or the
continuation for the activity for which grant
support is requested
The need for funding and the urgency of
the project
The project’s timeline
The project’s budget and the applicant’s
proven ability to secure matching funds
Evidence of community support for the
project
The long-term objectives or impact of the
project
The qualifications of the key personnel,
including consultants
The demonstrated ability of the applicant to
complete preservation projects
The potential to replicate the project in
other communities
All applicants must complete the Cynthia Woods Mitchell Fund for Historic Interiors application
form. Completed applications and attachments should be mailed to the appropriate National Trust
regional office serving your state. Regional office staff can provide helpful guidance for the
application process. Contacting your regional office before submitting an application is highly
recommended.
Midwest Office
53 W. Jackson Blvd., Suite 350
Chicago, IL 60604
312-939-5547 mwro@nthp.org
(IL, IN, IA, MI, MN, MO, OH, WI)
Mountains/Plains Office
535 16th Street, Suite 750
Denver, CO 80202
303-623-1504 mpro@nthp.org
(CO, KS, MT, NE, ND, SD, UT, WY)
Northeast Office
7 Faneuil Hall Marketplace, 4th Floor
Boston, MA 02109
617-523-0885 nefo@nthp.org
(CT, ME, MA, NH, NY, RI, VT)
Northeast Field Office
6401 Germantown Avenue
Philadelphia, PA 19144
215-848-8033 nero@nthp.org
(DE, NJ, PA)
Southern Office
456 King Street
Charleston, SC 29403
843-722-8552 soro@nthp.org
(AL, FL, GA, KY, LA, MS, NC, SC, TN, PR, VI)
Southern Field Office
1785 Massachusetts Ave., NW
Washington, DC 20036
202-588-6107 sfo@nthp.org
(DC, MD, VA, WV)
Southwest Office
500 Main Street, Suite 1030
Fort Worth, TX 76102
817-332-4398 swro@nthp.org
(AR, NM, OK, TX)
Western Office
The Hearst Building
5 Third Street, Suite 707
San Francisco, CA 94103
415-947-0692 wro@nthp.org
(AK, AZ, CA HI, ID, NV, OR, WA, Pacific Island
territories)
CRITERIA
HOW TO APPLY
The FEDERAL HISTORIC PRESERVATION TAX INCENTIVES PROGRAM– a 20% income tax
credit - is administered by the National Park Service (NPS) in partnership with the Internal Revenue
Service (IRS) and with State Historic Preservation Offices (SHPOs). The 20% credit is available only
to properties rehabilitated for income-producing purposes, including commercial, industrial, agricultural,
rental residential or apartment use.
Eligible Owners: The rehabilitation income tax credit would generally be of no use to a tax exempt
entity, like the City or other non-profits. The rehabilitation tax credit, by itself, can-not be bought or
sold, and is only available to the person or entity who holds title to the property. However, syndication
through limited partnerships is allowed and is a common tool to bring investors into rehabilitation
projects. In so doing, the City would partner with a for-profit fund entity which would provide equity
(money!) to the project in exchange for the right to the federal tax credits. To do this, the building
owner forms a limited partnership (LP) or a limited liability corporation (LLC) with a corporate tax
credit investor through which the investor becomes (and must remain) one of the building owners for a
5-year period.
Traditionally, projects generating less than $2 million to $3 million in tax credits ($10-$15 Million in
eligible expenses) have been excluded from selling/syndicating their credits because the costs of closing
the transactions outweighed the benefits. Today, however, the marketplace has grown to where
developers of projects generating as little as $100,000 in tax credits ($500,000 in eligible expenses) may
be able to sell their tax credits, albeit at less favorable terms than those that are available to owners of
larger projects.
Eligible Projects: There are 4 factors that determine whether a rehabilitation project proposal would
meet the basic application requirements for the 20% tax credit.
1. The historic building must be listed in the National Register of Historic Places or be certified as
contributing to the significance of a "registered historic district."
2. After rehabilitation, the historic building must be used for an income-producing purpose for at least
five years. If more than 35 percent of the net rentable area of the rehabilitated property is leased to
governmental bodies, nonprofit organizations, or other tax-exempt entities it may be considered by the
IRS as a disqualified lease. This would make the property ineligible for the rehabilitation tax credit.
3. The project must meet the "substantial rehabilitation test." In brief, this means that the cost of
rehabilitation must exceed the pre-rehabilitation cost of the building. Generally, this test must be met
within two years or within five years for a project completed in multiple phases.
4. The rehabilitation work must meet ALL ten of the Secretary of the Interior's Standards for
Rehabilitation.
A thorough application process involving the NPS and SHPO is required, and the IRS recommends that
the process be completed before rehabilitation expenditures are incurred.
Eligible Costs: The City could not claim tax credits related to the expenditure of the $500,000 SAT
grant money. It is unclear how the SAT grant would be treated if the City were to transfer the grant to
the limited partnership or limited liability corporation necessary to syndicate the tax credits.
Not all rehabilitation costs are eligible for tax credit application.
Some eligible rehabilitation items include:
Walls
Partitions
Floors
Ceilings
Permanent coverings, such as paneling or tiles
Windows and doors
Components of central air conditioning or heating systems
Plumbing and plumbing fixtures
Electrical wiring and lighting fixtures
Chimneys
Stairs
Escalators, elevators, sprinkler systems, fire escapes
Some ineligible rehabilitation items include:
Appliances
Cabinets
Carpeting (if tacked in place and not glued)
Decks (not part of original building)
Demolition costs (removal of a building on property site)
New construction costs or enlargement costs (increase in total volume)
Fencing
Feasibility studies
Financing fees
Furniture
Landscaping
Leasing expenses
Outdoor lighting remote from building
Parking lot
Paving
Planters
Porches and porticos (not part of original building)
Retaining walls
Sidewalks
Signage
Storm sewer construction costs
Window treatments
Compiled by Anna Rosenberry, Finance Director, City of Bozeman
Sources:
1. IRS Publication “Tax Aspects of Historic Preservation”
2. National Trust Community Investment Corporation, a subsidiary of the National Trust for Historic
Preservation.
Identify, Retain and Preserve
-INTERIOR SPACES-
Identifying, retaining, and preserving a floor plan or interior spaces that are important
in defining the overall historic character of the building. This includes the size,
configuration, proportion, and relationship of rooms and corridors; the relationship of
features to spaces; and the spaces themselves such as lobbies, reception halls,
entrance halls, double parlors, theaters, auditoriums, and important industrial or commercial spaces.
Radically changing a floor plan or interior spaces--including individual rooms--which are important in defining the overall historic character of the building so that, as a result, the
character is diminished.
Altering the floor plan by demolishing principal walls and partitions to create a new
appearance.
Altering or destroying interior spaces by inserting floors, cutting through floors, lowering
ceilings, or adding or removing walls.
Relocating an interior feature such as a staircase so that the historic relationship between
Identify Protect Repair Replace Missing feature Alterations/Additions
The Pacific Hotel, located in
downtown Seattle, was
constructed in 1916. In
conversion from its original
use to affordable housing,
the hotel rehabilitation
successfully utilized the
historic floor plan with only
minimal changes, as is
shown in these before and
after plans of the
development's east wing.
Drawings: NPS files.
-GUIDELINES-
The Approach
Exterior Materials Masonry
Wood
Architectural Metals Exterior Features Roofs
Windows
Entrances + Porches
Storefronts Interior Features
Structural System
Spaces/Features/Finishes Mechanical Systems Site
Setting Special Requirements Energy Efficiency
New Additions
Accessibility Health + Safety
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features and spaces is altered.
-INTERIOR FEATURES AND FINISHES-
Identifying, retaining, and preserving interior features and finishes that are important
in defining the overall historic character of the building, including columns, cornices,
baseboards, fireplaces and mantels, panelling, light fixtures, hardware, and flooring;
and wallpaper, plaster, paint, and finishes such as stencilling, marbling, and graining; and other decorative materials that accent interior features and provide color, texture,
and patterning to walls, floors, and ceilings.
Removing or radically changing features and finishes which are important in defining the
overall historic character of the building so that, as a result, the character is diminished.
Installing new decorative material that obscures or damages character-defining interior
features or finishes.
Removing paint, plaster, or other finishes from historically finished surfaces to create a new
appearance (e.g., removing plaster to expose masonry surfaces such as brick walls or a
chimney piece).
Applying paint, plaster, or other finishes to surfaces that have been historically unfinished to
create a new appearance.
Stripping paint to bare wood rather than repairing or reapplying grained or marbled finishes to features such as doors and panelling.
Radically changing the type of finish or its color, such as painting a previously varnished wood feature.
This modest entry hall to a
historic school features a
utilitarian stair, slender newel
post and handrail, paneled door,
wood wainscoting, and simple
trim define the nature of the
space and also emphasize its
overall verticality. Dropping the
ceiling or even adding a more
elaborate newel post and
handrail during rehabilitation
would change the spatial
character of this entry hall and
upset the delicate balance of its
architectural components. Photo:
NPS files.
Plaster has been inappropriately removed
from the perimeter walls during
rehabilitation, leaving the brick wall exposed.
The plaster should have been retained and
repaired, as necessary. Photo: NPS files.
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Protect and Maintain
Protecting and maintaining masonry, wood, and architectural metals which comprise
interior features through appropriate surface treatments such as cleaning, rust
removal, limited paint removal, and reapplication of protective coating systems.
Protecting interior features and finishes against arson and vandalism before project
work begins, erecting protective fencing, boarding-up windows, and installing fire
alarm systems that are keyed to local protection agencies.
Protecting interior features such as a staircase, mantel, or decorative finishes and
wall coverings against damage during project work by covering them with heavy
canvas or plastic sheets.
Installing protective coverings in areas of heavy pedestrian traffic to protect historic features such as wall coverings, parquet flooring and panelling.
Removing damaged or deteriorated paints and finishes to the next sound layer using
the gentlest method possible, then repainting or refinishing using compatible paint or
other coating systems.
Repainting with colors that are appropriate to the historic building.
Limiting abrasive cleaning methods to certain industrial warehouse buildings where
the interior masonry or plaster features do not have distinguishing design, detailing, tooling, or finishes; and where wood features are not finished, molded, beaded, or
worked by hand. Abrasive cleaning should only be considered after other, gentler
methods have been proven ineffective.
Evaluating the existing condition of materials to determine whether more than
protection and maintenance are required, that is, if repairs to interior features and
finishes will be necessary.
Failing to provide adequate protection to materials on a cyclical basis so that deterioration of
interior features results.
Permitting entry into historic buildings through unsecured or broken windows and doors so that the interior features and finishes are damaged by exposure to weather or vandalism.
Stripping interiors of features such as woodwork, doors, windows, light fixtures, copper piping, radiators; or of decorative materials.
This corridor has glazed walls, oak
trim, and marble wainscotting,
typical of those found in the late
19th and early 20th century office
buildings. Maintaining and
preserving corridors that display
intact and simple detailing, should
be a priority in rehabilitation
projects involving commercial
buildings. Photo: NPS files.
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Failing to provide proper protection of interior features and finishes during work so that they
are gouged, scratched, dented, or otherwise damaged.
Failing to take new use patterns into consideration so that interior features and finishes are
damaged.
Using destructive methods such as propane or butane torches or sandblasting to remove
paint or other coatings. These methods can irreversibly damage the historic materials that
comprise interior features.
Using new paint colors that are inappropriate to the historic building.
Changing the texture and patina of character-defining features through sandblasting or use
of abrasive methods to remove paint, discoloration or plaster. This includes both exposed
wood (including structural members) and masonry.
Failing to undertake adequate measures to assure the protection of interior features and
finishes.
Repair
Repairing interior features and finishes by reinforcing the historic materials. Repair will also generally include the limited replacement in kind--or with compatible
substitute material--of those extensively deteriorated or missing parts of repeated
features when there are surviving prototypes such as stairs, balustrades, wood panelling, columns; or decorative wall coverings or ornamental tin or plaster ceilings.
In a rehabilitation
project, all the
previously unpainted
wood trim in the 19th
century house was
painted white.
Because the existing
interior trim, with its
unpainted natural-
colored finish, was
such an important
feature, painting it
white resulted in a
dramatic change to
the historic character
of the house. Photo:
NPS files.
After rehabilitation, this
severely deteriorated space
was returned to its original
elegance. Plaster was
repaired and repainted;
scagliola colums were
restored to match marble; and missing decorative metalwork was re-installed in front of the windows. Photo: Carol M. Highsmith.
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Replacing an entire interior feature such as a staircase, panelled wall, parquet floor, or
cornice; or finish such as a decorative wall covering or ceiling when repair of materials and limited replacement of such parts are appropriate.
Using a substitute material for the replacement part that does not convey the visual
appearance of the surviving parts or portions of the interior feature or finish or that is
physically or chemically incompatible.
Replace
Replacing in kind an entire interior feature or finish that is too deteriorated to repair--if
the overall form and detailing are still evident--using the physical evidence as a model for reproduction. Examples could include wainscoting, a tin ceiling, or interior stairs.
If using the same kind of material is not technically or economically feasible, then a
compatible substitute material may be considered.
Removing a character-defining feature or finish that is unrepairable and not replacing it; or
replacing it with a new feature or finish that does not convey the same visual appearance.
Rehabilitating historic dwelling units often includes some level of lead-paint hazard abatement. Whenever lead-base paint begins to peel, chip, craze, or otherwise comes loose (left), it should be removed in a manner that does not damage the historic wood trim and also
protects the worker. In this example (right), the deteriorating lead-
paint was removed throughout the apartment building and a
compatible primer and finish paint applied. Photos: Sharon C. Park,
AIA.
The following work is highlighted to indicate that it represents the particularly complex technical or design
aspects of Rehabilitation projects and should only be considered after the preservation concerns listed
above have been addressed.
Design for the Replacement of Missing Historic
Features
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Designing and installing a new interior feature or finish if the historic feature or finish
is completely missing. This could include missing partitions, stairs, elevators, lighting fixtures, and wall coverings; or even entire rooms if all historic spaces,
features, and finishes are missing or have been destroyed by inappropriate
"renovations." The design may be a restoration based on historical, pictorial, and
physical documentation; or be a new design that is compatible with the historic
character of the building, district, or neighborhood.
Creating a false historical appearance because the replaced feature is based on insufficient
physical, historical, and pictorial documentation or on information derived from another
building.
Introducing a new interior feature or finish that is incompatible with the scale, design, materials, color, and texture of the surviving interior features and finishes.
The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of Rehabilitation projects and should only be considered after the preservation concerns listed above have been addressed.
Alterations/Additions for the New Use
Accommodating service functions such as bathrooms, mechanical equipment, and
office machines required by the building's new use in secondary spaces such as first
floor service areas or on upper floors.
Reusing decorative material or features that have had to be removed during the
rehabilitation work including wall and
baseboard trim, door molding, panelled doors, and simple wainscoting; and
relocating such material or features in
areas appropriate to their historic placement.
Installing permanent partitions in
secondary spaces; removable
partitions that do not destroy the sense
of space should be installed when the
new use requires the subdivision of
character-defining interior space.
Enclosing an interior stairway where
required by code so that its character is
retained. In many cases, glazed fire-
rated walls may be used.
Placing new code-required stairways or
elevators in secondary and service areas of the historic building.
Creating an atrium or a light well to
provide natural light when required for
the new use in a manner that preserves
character-defining interior spaces,
features, and finishes as well as the
structural system.
Adding a new floor if required for the new use in a manner that preserves character-
Vandalized walls of an old school building (top) became pristine halls in an apartment for seniors in this successful rehabilitation project. (bottom). The school corridors, as well as the existing door openings, were preserved, but new fire-rated doors needed to be installed to meet code requirements. Photos: NPS files.
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defining structural features, and interior spaces, features, and finishes.
Dividing rooms, lowering ceilings, and damaging or obscuring character-defining features
such as fireplaces, niches, stairways or alcoves, so that a new use can be accommodated
in the building.
Discarding historic material when it can be reused within the rehabilitation project or relocating it in historically inappropriate areas.
Installing permanent partitions that damage or obscure character-defining spaces, features, or finishes.
Enclosing an interior stairway with fire-rated construction so that the stairwell space or any
character-defining features are destroyed.
Radically changing, damaging, or destroying character-defining spaces, features, or
finishes when adding new code-required stairways and elevators.
Destroying character-defining interior spaces, features, or finishes; or damaging the
structural system in order to create an atrium or light well.
Inserting a new floor within a building that alters or destroys the fenestration; radically
changes a character-defining interior space; or obscures, damages, or destroys decorative
detailing.
A dramatic two-story interior
space that should have been
retained and preserved has
been radically changed by
inserting a mezzanine. Photo:
NPS files.
HISTORICAL OVERVIEW - PRESERVING - rehabilitating -RESTORING -RECONSTRUCTING main - credits -email
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Identify, Retain and Preserve
Identifying, retaining, and preserving structural systems--and individual features of
systems--that are important in defining the overall historic character of the building,
such as post and beam systems, trusses, summer beams, vigas, cast iron columns,
above-grade stone foundation walls, or loadbearing brick or stone walls.
Removing, covering, or radically changing visible features of structural systems which are important in defining the overall historic character of the building so that, as a result, the
character is diminished.
Putting a new use into the building which could overload the existing structural system; or
installing equipment or mechanical systems which could damage the structure.
Demolishing a loadbearing masonry wall that could be augmented and retained, and replacing it with a new wall (i.e., brick or stone), using the historic masonry only as an exterior veneer.
Leaving known structural problems untreated such as deflection of beams, cracking and
bowing of walls, or racking of structural members.
Utilizing treatments or products that accelerate the deterioration of structural material such
as introducing urea-formaldehyde foam insulation into frame walls
Protect and Maintain
Protecting and maintaining the structural system by cleaning the roof gutters and
downspouts; replacing roof flashing; keeping masonry, wood, and architectural metals in a sound condition; and ensuring that structural members are free from insect infestation.
Identify Protect Repair Replace Alterations/Additions
This 20th century reinforced concrete tire
manufacturing building features a large
central interior volume with side passages on
three levels. Notable elements include its generous space, splayed tops to the columns
that disperse the load from the adjacent floors, and an attractive curved hanging stair from an
adjacent floor to the side passage. The load-bearing structural elements should remain
exposed in any re-configuration for a new use and the large volume should not be
substantially subdivided. Photo: William
Manly, 1989. HAER Collection, NPS.
-GUIDELINES- The Approach
Exterior Materials Masonry Wood Architectural Metals
Exterior Features Roofs Windows
Entrances + Porches Storefronts Interior Features
Structural System Spaces/Features/Finishes Mechanical Systems
Site Setting
Special Requirements Energy Efficiency New Additions
Accessibility
Health + Safety
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Examining and evaluating the physical condition of the structural system and its
individual features using non-destructive techniques such as X-ray photography.
Failing to provide proper building maintenance so that deterioration of the structural system
results. Causes of deterioration include subsurface ground movement, vegetation growing
too close to foundation walls, improper grading, fungal rot, and poor interior ventilation that
results in condensation.
Utilizing destructive probing techniques that will damage or destroy structural material.
Repair
Repairing the structural system by augmenting or upgrading individual parts or
features. For example, weakened structural members such as floor framing can be
paired with a new member, braced, or otherwise supplemented and reinforced.
Upgrading the building structurally in a manner that diminishes the historic character of the
exterior, such as installing strapping channels or removing a decorative cornice; or damages
interior features or spaces.
Replacing a structural member or other feature of the structural system when it could be
augmented and retained.
Replace
Replacing in kind--or with substitute material--those portions or features of the
structural system that are either extensively deteriorated or are missing when there
are surviving prototypes such as cast iron columns, roof rafters or trusses, or sections of loadbearing walls. Substitute material should convey the same form, design, and overall visual appearance as the historic feature; and, at a minimum, be
equal to its loadbearing capabilities.
Installing a visible replacement feature that does not convey the same visual appearance,
e.g., replacing an exposed wood summer beam with a steel beam.
Using substitute material that does not equal the loadbearing capabilities of the historic
material and design or is otherwise physically or chemically incompatible.
Before interior
rehabilitation began,
structural stabilization
of the historic masonry
walls was undertaken
through a series of
exterior braces. Photo:
NPS files.
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The following work is highlighted to indicate that it represents the particularly complex technical or design aspects of Rehabilitation projects and should only be considered after the preservation concerns
listed above have been addressed.
Alterations/Additions for the New Use
Limiting any new excavations adjacent to historic foundations to avoid
undermining the structural stability of the building or adjacent historic buildings.
Studies should be done to ascertain potential damage to archeological resources.
Correcting structural deficiencies in preparation for the new use in a manner that preserves the structural system and individual character-defining features.
Designing and installing new mechanical or electrical systems when required for
the new use which minimize the number of cutouts or holes in structural
members.
Adding a new floor when required for the new use if such an alteration does not damage or destroy the structural system or obscure, damage, or destroy
character-defining spaces, features, or finishes.
Creating an atrium or a light well to provide natural light when required for the new
use in a manner that assures the preservation of the structural system as well as
character-defining interior spaces, features, and finishes.
Carrying out excavations or regrading adjacent to or within a historic building which could
cause the historic foundation to settle, shift, or fail; could have a similar effect on
adjacent historic buildings; or could destroy significant archeological resources.
Radically changing interior spaces or damaging or destroying features or finishes that
are character-defining while trying to correct structural deficiencies in preparation for the
new use.
Installing new mechanical and electrical systems or equipment in a manner which results
in numerous cuts, splices, or alterations to the structural members.
Inserting a new floor when such a radical change damages a structural system or obscures or destroys interior spaces, features, or finishes.
Inserting new floors or furred-down ceilings which cut across the glazed areas of
windows so that the exterior form and appearance of the windows are radically changed.
Damaging the structural system or individual features; or radically changing, damaging,
or destroying character-defining interior spaces, features, or finishes in order to create an
atrium or a light well.
In the example shown here, a rehabilitation project took into account--and respected--the
unique industrial structural character of a mill building in its conversion to retail shops. In
fact, the exposed structure is an attractive component of the new interior design. If these visible posts had been altered or hidden, the existing industrial character would have been
lost. Photos: NPS files.
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Identify, Retain and Preserve
Identifying, retaining, and preserving visible features of early mechanical systems
that are important in defining the overall historic character of the building, such as
radiators, vents, fans, grilles, plumbing fixtures, switchplates, and lights.
Removing or radically changing features of mechanical systems that are important in
defining the overall historic character of the building so that, as a result, the character is
diminished.
Protect and Maintain
Protecting and maintaining mechanical, plumbing, and electrical systems and their features through cyclical cleaning and other appropriate measures.
Preventing accelerated deterioration of mechanical systems by providing adequate
ventilation of attics, crawlspaces, and cellars so that moisture problems are avoided.
Identify Protect Repair Replace Alterations/Additions
The greatest impact of the 20th century on mechanical systems included the
use of electricity for interior lighting (left) and elevators for tall buildings
(right). The new age of technology brought an increasingly high level of
design and
decorative art to the functional elements of mechanical, electrical and
plumbing systems. Photos: NPS files.
In the past, awnings were used extensively
-GUIDELINES-
The Approach
Exterior Materials Masonry
Wood
Architectural Metals Exterior Features Roofs
Windows
Entrances + Porches
Storefronts Interior Features
Structural System
Spaces/Features/Finishes Mechanical Systems Site
Setting Special Requirements Energy Efficiency
New Additions
Accessibility Health + Safety
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Improving the energy efficiency of existing mechanical systems to help reduce the
need for elaborate new equipment. Consideration should be given to installing storm windows, insulating attic crawl space, or adding awnings, if appropriate.
Failing to provide adequate protection of materials on a cyclical basis so that deterioration of
mechanical systems and their visible features results.
Enclosing mechanical systems in areas that are not adequately ventilated so that
deterioration of the systems results.
Installing unnecessary air conditioning or climate control systems which can add excessive
moisture to the building. This additional moisture can either condense inside, damaging
interior surfaces, or pass through interior walls to the exterior, potentially damaging adjacent
materials as it migrates.
Repair
Repairing mechanical systems by augmenting or upgrading system parts, such as
installing new pipes and ducts; rewiring; or adding new compressors or boilers.
Replacing a mechanical system or its functional parts when it could be upgraded and
retained.
Replace
Replacing in kind--or with compatible substitute material--those visible features of
mechanical systems that are either extensively deteriorated or are prototypes such as
ceiling fans, switchplates, radiators, grilles, or plumbing fixtures.
Installing a visible replacement feature that does not convey the same visual appearance.
to provide shade to keep buildings cooler
in the summer. If awnings are in place,
keep them in good condition, and take
advantage of their energy-saving
contribution. If awnings are added, they
need to be installed without damaging the
building or visually impairing its
architectural character. Photo: NPS files.
The following work is highlighted to indicate that it represents the particularly complex technical or
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design aspects of Rehabilitation projects and should only be considered after the preservation concerns
listed above have been addressed.
Alterations/Additions for the New Use
Installing a completely new mechanical system if required for the new use so that it
causes the least alteration possible to the building's floor plan, the exterior elevations, and the least damage to the historic building material.
Providing adequate structural support for new mechanical equipment.Installing the
vertical runs of ducts, pipes, and cables in closets, service rooms, and wall cavities.
Installing air conditioning units if required by the new use in such a manner that
historic features are not damaged or obscured and excessive moisture is not
generated that will accelerate deterioration of historic materials
.Installing heating/air conditioning units in the window frames in such a manner that
the sash and frames are protected. Window installations should be considered only
when all other viable heating/cooling systems would result in significant damage to
historic materials.
Installing a new mechanical system so that character-defining structural or interior features
are radically changed, damaged, or destroyed.
Failing to consider the weight and design of new mechanical equipment so that, as a result, historic structural members or finished surfaces are weakened or cracked.
Installing vertical runs of ducts, pipes, and cables in places where they will obscure
character-defining features.
The basic heating, ventilation and
air conditioning (HVAC) system,
composed of compressor drives,
chillers, condensers, and furnace,
has been installed here in a non-
significant space so that it does not
impact the historic character of the
interior. Photo: NPS
files.
Historic building material is destroyed by installation of through-the-wall air conditioners. Photo: NPS files.
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Concealing mechanical equipment in walls or ceilings in a manner that requires the
removal of historic building material.Installing a "dropped" acoustical ceiling to hide
mechanical equipment when this destroys the proportions of character-defining interior
spaces.
Cutting through features such as masonry walls in order to install air conditioning units.
Radically changing the appearance of the historic building or damaging or destroying windows by installing heating/air conditioning units in historic window frames.
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Preagreement Costs
In very special circumstances, the National Park Service (NPS) may agree to allow
preagreement costs to be counted toward a grantees matching share. Any
preagreement costs incurred as part of your grant project must be approved in writing
by the National Park Service (NPS) and be authorized to be charged to this grant in
accordance with OMB Circular A-122, Cost Principles for Nonprofit Organizations.
If NPS agrees to consider the preagreement costs for a Save America’s Treasures
grant project, the grantee must submit the following materials to NPS for review:
1. A letter requesting approval for preagreement costs including: an outline of the
work that was completed prior to the awarding of the grant agreement; an
explanation of how the completed work fits into the proposed work being funded
under the current grant agreement; and, the dates that the preagreement work
was done (work must have been completed within one-year prior to the
beginning date of the grant agreement.)
2. Copies of all receipts or invoices for completed work, and their accompanying
payment checks documenting that the funds have been expended.
3. Copies of plans and specifications for all construction work completed as part of
preagreement costs. Good quality photographs showing detailed images of the
completed work must be included with the plans and specification.
4. A letter from your State Historic Preservation Officer stating that they have
reviewed the work in compliance with Section 106 of the National Historic
Preservation Act, and they the work has had, or will have, no adverse effect on
the property. To obtain preagreement cost approval for work under a Save
America’s Treasure grant, the letter from the SHPO must state that the
completed work had “no adverse affect” on the historic property.
5. Documentation that all contractors or consultants paid through Federal or
matching grant funds were competitively selected along with a copy of the
professional qualifications for the selected contractor(s).
NPS will review the above documentation and make a decision as to whether or not the
preagreement costs are allowable. A letter will then be sent to the grantee with the final
decision. If approved, documentation of the pre-award costs must be retained by the
grantee for review during the grantee’s final audit.
MATCHING SHARE REQUIREMENTS
The National Park Service (NPS) administers its Historic Preservation grant programs, including the Save
America’s Treasures grant program, in keeping with Federal-wide grant-making requirements and with
the requirements of the National Historic Preservation Act. These Federal-wide requirements are
contained in grants management circulars issued by the Office of Management and Budget (OMB). For
grants to State, tribal and local governments, OMB Circular A-102 (codified by the Department of the
Interior in 43 CFR 12.64), stipulates matching share requirements, and OMB Circular A-87 delineates
allowable costs for Federal grants. For grants to non-profit institutions, OMB Circular A-110 contains
matching share requirements (see 43 CFR 12.923) that are quite similar to Circular A-102, and OMB
Circular A-122 contains the cost principles for determining allowable costs for grant to non-profits.
The basic rule is that matching share contributions (of cash or of necessary non-cash donations of
services, equipment use, or supplies) must be necessary to achieve the objectives of the project, and
must share the cost of performing the grant-assisted work. The entire intent of the matching requirement
imposed by Section 102(a)(3) of the National Historic Preservation Act, and by the Appropriation Acts, is
that the grant recipient bear part of the cost of performing the work to be achieved with the grant award.
The Federal grant is meant to stimulate nonfederal donations—not to pay for all the work by itself.
All costs and matching share contributions must normally be incurred during the grant period, unless an
exception is approved by the Federal grantor agency to allow what are termed “pre-award costs,” or “pre-
agreement costs.” The OMB Circulars, and the NPS’ implementation of these circulars, hinge upon the
requirement that matching share must be: 1) directly related, 2) necessary, and 3) reasonable for the
proper and efficient accomplishment of project objectives. If the time span between the donation of the
proposed matching share and the initiation of the grant-supported work exceeds the standard of
reasonableness, then such “pre-award costs” cannot be claimed to be either directly related or necessary
to achieve the work that is to be performed prospectively with the grant funds being awarded. NPS
customarily allows costs contributed or incurred up to one year preceding the award of the grant as being
reasonable and allowable pre-award costs.
Another tenet governing the permissibility of non-federal share contributions is that they must be of such
a nature that, if the Federal share had been used to pay for the contributed cost, the grantee would have
incurred an allowable cost. Another way of stating this principle is that in-kind contributions are eligible
only to the extent that they represent actual necessary costs to which Federal grant funds could be
applied. This means, for example, that fundraising costs are listed in the OMB Circulars as an
unallowable cost that cannot be charged to the grant—accordingly, fundraising costs are not allowable
contributions for meeting the required nonfederal matching share either. A second example would be the
costs of acquiring a property could not be claimed as non-federal matching share for a Save America’s
Treasures grant to repair the roof of that property - given that acquisition is not an eligible activity for Save
America’s Treasures grant, and given that the acquisition is not a necessary component of the repair
work and does not reduce or share in the cost borne by the Federal grant to repair the historic property.
The following requirements for eligible nonfederal matching share contributions are drawn from the OMB
Circulars on grants and from Chapter 14 of The Historic Preservation Fund Grants Manual:
A. All contributions, including cash and third party in-kind (non-cash) donations, shall be accepted as
part of the recipient's cost sharing or matching when the contributions meet all of the following
criteria:
1. Are verifiable from the recipient's records (e.g., timesheets to track how much time an
employee spends on the Save America' Treasures grant-assisted project);
2. Are not included as contributions for any other Federally assisted project or program (i.e.,
the same item cannot be used to match two different Federally assisted projects or
programs);
3. Are necessary and reasonable for proper and efficient accomplishment of project or
program objectives;
4. Directly benefit and are specifically identifiable to the project receiving Federal assistance
from the Save America’s Treasures program;
5. Are not paid by the Federal Government under another award (i.e., Federal funds or
Federally supported costs cannot be used as matching share); and
6. The basis for determining the valuation for donated personal services, materials,
equipment, and space must be documented.
B. Volunteer services furnished by professional and technical personnel, consultants, and other
skilled and unskilled labor may be counted as cost sharing or matching if the service is an integral
and necessary part of an approved project. Rates for volunteer services shall be consistent with
those paid for similar work in the recipient's organization. In those instances in which the
required skills are not found in the recipient organization, rates shall be consistent with those paid
for similar work in the labor market in which the recipient competes for the type of services
involved. In either case, paid fringe benefits that are reasonable, allowable, and allocable may be
included in the valuation.
C. When an employer other than the recipient furnishes the services of an employee, these services
shall be valued at the employee's regular rate of pay (plus an amount of fringe benefits that are
reasonable, allowable, and allocable but exclusive of overhead costs), provided these services
are in the same skill for which the employee is normally paid.
D. Volunteer services shall be documented and, to the extent feasible, supported by the same
methods used by the recipient for its own employees’ time and attendance records.
E. Donated supplies may include such items as office supplies, laboratory supplies, or construction
materials such as bricks and lumber, needed to perform the grant-assisted work. Value assessed
to donated supplies included in the cost sharing or matching share shall be reasonable and shall
not exceed the fair market value of the supplies at the time of the donation.
F. The value of donated equipment shall not exceed the fair market value of equipment of the same
age and condition at the time of donation.
G. The value of donated space shall not exceed the fair rental value of comparable space as
established by an independent appraisal of comparable space and facilities in a privately owned
building in the same locality.
H. The value of loaned equipment shall not exceed its fair rental value.
General Easement Provisions
*Easements held on Save America’s Treasures grants must run for no less than 50 years
after the end date of the grant agreement
(Provisions taken from Chapter 6 – Historic Preservation Fund Grants Manual)
c. Characteristics and Mandatory Provisions.
1) Legally Enforceable. Covenants and preservation agreements must be written
in such a manner that they are legally enforceable by the State through specific
performance by the owner, and for covenants, subsequent owner(s). The
standard provisions listed in this Chapter are all legally enforceable. States
must obtain a legal opinion from the State Attorney General for any additional
provisions. A model preservation agreement is presented as Exhibit 6-A of
this Chapter.
2) Subgrantee is not the owner of record. For a lessee to receive grant
assistance, there must be a binding written agreement between the lessee and
the owner for, at a minimum, the period of the covenant or preservation
agreement, and the following provisions must be satisfied:
a) Mortgaged property. The covenant or preservation agreement must be
executed between the State and the property owner of record. If the
property has been financed through a mortgage lender, the holder of the
mortgage must also sign the covenant or preservation agreement.
b) Building and the land are in different ownership. When the building and the
land are in different ownership, the owner of the land must also be a party
to the covenant or the preservation agreement.
The covenant runs with the land and must be executed by the owner of
record for the term of years specified above. (A lease of the land does not
convey title or transfer ownership.) The owner, the State, and the
subgrantee must execute a maintenance and administration covenant for
the period required.
3) Provisions in Covenants and Preservation Agreements. See Exhibit 6-A for
required language.
a) Site Protection. The owner must agree to take appropriate measures to
protect the site against willful damage or vandalism, i.e., whatever is
necessary to maintain the National Register eligibility of the property.
Nothing in this agreement prohibits the owner from developing the site in a
manner that will not threaten or damage the National Register eligibility of
the resource.
b) Recovered Data Protection. The owner must agree to ensure that any data
and material recovered will be placed in a repository that will care for the
data in the manner prescribed in the Secretary of the Interior's "Standards
for Archeology and Historic Preservation," or will comply with the
requirements of the Native American Graves Protection and Repatriation
Act, and with 36 CFR 79 and 43 CFR 10.
c) Maintenance. The owner must agree to assume the cost of continued
maintenance and repair of the property so as to preserve the architectural,
historical, and/or archeological integrity of the property and its materials for
the number of years specified above in order to protect those qualities that
made the property eligible for listing in the National Register of Historic
Places (or a property contributing to the significance of a National Register
listed Historic District). Nothing in this agreement shall prohibit the owner
from seeking financial assistance from any source (including HPF
Development grants) for additional preservation treatment work available to
him/her.
d) Public Access. "Public Access" means that the general public can see the
results of the HPF investment of public funds.
1) As long as all the HPF-assisted work is clearly visible from a public
right-of-way, public access to the property is not required. Public
access is also not required when interior development work (such as
electrical or plumbing repairs) would not be visible if general access to
property were to be provided. (However, the interior of a property
acquired with grant assistance must be open to the public at least 12
days a year if the interior has any architecturally or historically
significant features.)
2) When the grant-assisted work (interior or exterior), or property acquired
with grant assistance, is not clearly visible from the public right-of-way,
clauses 4 and 5 of the Model Preservation Agreement must be inserted
(see Exhibit 6-A).
3) For compliance with the Americans with Disabilities Act, see clause 5
of Exhibit 6-A.
4) Exceptions to Public Access Requirement. In accordance with
Section 304 of the National Historic Preservation Act, NPS may allow
the State to withhold from disclosure to the public information relating
the location or character of a historic resource whenever the disclosure
of such information may incur substantial risk of harm, theft, or
destruction to the resource. The State shall request written approval
from NPS to withhold information from the public prior to recordation of
the covenant or execution of the preservation agreement.
If an archeological site is not left in an excavated state and interpreted
for the public, there are usually no visible features above the ground.
Accordingly, public access to archeological sites may be restricted.
However, public access may not be restricted if the site is being
interpreted, the site is not fragile, or access needs to be provided to
serious researchers.
5) Notification to the General Public of Access. For properties that are
not open to the public except for the required 12 days per year, and
where the improvements assisted by HPF grant funds are not visible
from the public way, or the property was acquired with HPF grant
funds, owners must agree as part of the covenant or preservation
agreement to provide public notification by advertising in newspapers
of general circulation in the community or area in which the property is
located, giving the dates and times when the property will be open to
the public.
The covenant or preservation agreement must include a statement that
the owner will annually publish dates and times when the property will
be open to the public (specific dates and times are not to be included in
the preservation agreement). However, the owner must agree that
documentation of such notice being published will be furnished
annually to the State during the term of the covenant or preservation
agreement.
d. Effective Date. The covenant or preservation agreement is effective upon
execution of the document, which for both Acquisition and for Development
projects, must be done prior to the disbursement of HPF funds. In addition, for
properties acquired with HPF assistance, the covenant period will commence no
later than on the date the title of record transfers from the seller to the buyer.
NOTE: No funds shall be disbursed for Acquisition or Development projects prior to
the execution of a covenant or preservation agreement.
e. Monitoring Covenants and Preservation Agreements. The State must maintain an
up-to-date list of covenants and/or preservation agreements, including the
addresses, names of property owners, expiration dates of the agreements, and
dates of any on-site visit. Occasional site visits and correspondence to owners
reminding them of their responsibilities under the covenant or preservation
agreement must be documented in the State's files, as well as newspaper notices
by owners for any properties requiring public access.
f. Covenant and Preservation Agreement Violations. In the event of the non-
performance or violation of the maintenance provision of the covenant or
preservation agreement by the owner (or any successor-in-interest) during the term
of the covenant, the State must initiate legal action to require the owner to restore
the property to the condition existing at the time HPF-assisted work was completed.
If the State fails to initiate legal action, the State is in breach of contract and NPS
may exercise any legal remedies available. Documentation of such State legal
action, if any has occurred, must be included or referenced in the project file.
Consequences when a property has been DAMAGED or DESTROYED.
1) DAMAGED. If an HPF-assisted property is damaged by accidental or natural
causes, or is damaged deliberately or through gross negligence during the
covenant or preservation agreement period, the State will inform NPS in writing
of the damage to the property, including: (1) an assessment of the nature and
extent of the damage; and (2) an estimate of the cost of restoration work
necessary to return the property to the condition existing at the time of the
grant-assisted project's completion. The State or subgrantee shall, without
direct HPF grant assistance, take all necessary steps, including legal action, if
necessary, to restore, reconstruct, or stabilize the damaged property.
2) DESTROYED: ACCIDENTAL OR NATURAL CAUSES. If an HPF-assisted
property has been destroyed or irreparably damaged by accidental or natural
causes, that is, if the historical integrity of the features, materials, appearance,
workmanship, and environment which made the property eligible for listing in
the National Register of Historic Places has been lost or so damaged that its
continued National Register listing is in question, the State will notify the
Keeper of the National Register in writing of the loss. The Keeper of the
National Register will evaluate the findings and notify the State in writing of any
decision to remove the property from the National Register. If the property
were to be so removed, the State will then notify the owner that the covenant or
preservation agreement is null and void.
3) DESTROYED: DELIBERATE ACTION OR THROUGH GROSS
NEGLIGENCE. If an HPF-assisted property has been severely damaged or
destroyed deliberately or through gross negligence by a owner, that is, if the
historical integrity of the features, materials, appearance, workmanship, and
environment which made the property eligible for listing in the National Register
of Historic Places has been lost or so damaged that its continued listing in the
National Register is in question, the State will notify the Keeper of the National
Register in writing of the loss. The Keeper will evaluate the findings and notify
the State in writing of any decision to remove the property from listing in the
National Register. If the property were to be so removed, the State will initiate
requisite legal action to recover, at a minimum, grant funds. Such legal
expenses related to National Register properties would be an eligible grant
program cost.
SAMPLE CONSERVATION EASEMENT AGREEMENT
For a Save America’s Treasures Grant
INTRODUCTION. This conservation easement agreement is made the day of , 20 ,
between Organization, as GRANTOR of a conservation easement (hereafter referred to as the “Grantor”),
and the SHPO/Covenant Holder, as GRANTEE of the conservation easement (hereafter referred to ask
the “Grantee”). This conservation easement agreement is entered under State Law/Regulation for the
purpose of preserving the Name of Property, a building that is important culturally, historically,
architecturally and archeologically.
1. The Subject Property. This agreement creates a conservation easement in real estate legally
described as Property Description . The Subject Property is the site of the Name of Property, located at
Street Address, City, County, & State (hereafter referred to as the “Property”).
2. Grant of conservation easement. In consideration of the sum of $______________ received in
grant-in-aid financial assistance from the National Park Service of the United States Department of the
Interior, the Grantor hereby grants to the Grantee a conservation easement in the Subject Property for the
purpose of assuring preservation of the Property.
3.Easement required for federal grant. This conservation easement is granted as a condition of the
eligibility of the Grantor for the financial assistance from the National Park Service of the United States
Department of the Interior appropriated from the Historic Preservation Fund for the Save America’s
Treasures Grant Program.
4.Conditions of easement:
a.Duration. This conservation easement is granted for a period of fifty (50) years commencing on the
date when it is filed with the County County Recorder.
b. Documentation of condition of the Property Name at time of grant of this easement. In order to make
more certain the full extent of Grantor’s obligations and the restrictions on the Subject Property, and in
order to document the nature and condition of the Property, including significant interior elements in
spatial context, a list of character-defining materials, features and spaces, including archeological
features (if known) is incorporated as Exhibit “A” at the end of this agreement. The Grantor has provided
to the Grantee architectural drawings of the floor plans. To complement Exhibit “A”, Grantee personnel
have compiled a photographic record, including photographer’s affidavit, black and white photographs
and negatives, color digital prints, photograph logs, and a keyed location map. The Grantor agrees that
the nature and condition of the Property on the date of execution of this easement is accurately
documented by the architectural drawings and photographic record, which shall be maintained for the life
of this easement in the Grantee’s conservation easement file for the Property.
c. Restrictions on activities that would affect historically significant components of the Property. The
Grantor agrees that no construction, alteration, or remodeling or any other activity shall be undertaken or
permitted to be undertaken on the Subject Property which would affect historically significant, interior
spaces and features identified in Exhibit ”A”, exterior construction materials, architectural details, form,
fenestration, height of the Property, or adversely affect its structural soundness without prior written
permission of the Grantee affirming that such reconstruction, repair, repainting, refinishing, rehabilitation,
preservation, or restoration will meet The Secretary of the Interior’s Standards for the Treatment of
Historic Properties (hereinafter referred to as the “Standards”)
d. Duty to maintain the Property. The Grantor agrees at all times to maintain the Property in a good and
sound state of repair and to maintain the subject Property, including the Other structures or features of
the site, according to the Standards so as to prevent deterioration and preserve the architectural and
historical integrity of the Property in ways that protect and enhance those qualities that make the Property
eligible for listing in the National Register of Historic Places
e. Restrictions on activities that would affect archeological resources. The Grantor agrees that no
ground disturbing activity shall be undertaken or permitted to be undertaken on the Subject Property
which would affect historically significant archeological resources identified in Exhibit ”A” without prior
written permission of the Grantee affirming that such work will meet The Secretary of the Interior’s
"Standards for Archeology and Historic Preservation".
f.Maintenance of recovered materials. The Grantor agrees to ensure that any data and material
recovered will be placed in a repository that will care for the data in the manner prescribed in the
Standards for Archeology and Historic Preservation or will comply with the requirements of the Native
American Graves Protection and Repatriation Act, and with 36 CFR 79 and 43 CFR 10.
g. Public access. The Grantor agrees to provide public access to view the grant-assisted work or features
no less than 12 days a year on an equitably spaced basis. The dates and times when the property will be
open to the public must be annually published and provided to the Grantee. At the option of the Grantor,
the relevant portions of the Property may also be open at other times by appointment, in addition to the
scheduled 12 days a year. Nothing in this agreement will prohibit a reasonably nondiscriminatory
admission fee, comparable to fees charged at similar facilities in the area.
h. Right to inspect. The Grantor agrees that the Grantee, its employees, agents and designees shall
have the right to inspect the Property at all reasonable times, with twenty-four hours written notice, in
order to ascertain whether the conditions of this easement agreement are being observed.
i. Anti-discrimination. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000 (d), the Americans with Disabilities Act (42 U.S.C. 12204), and with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794). These laws prohibit discrimination on the basis of race,
religion, national origin, or disability. In implementing public access, reasonable accommodation to
qualified disabled persons shall be made in consultation with the Grantee (or State Historic Preservation
Office if another organization is holding the easement).
j. Easement shall run with the land; conditions on conveyance. This conservation easement shall run with
the land and be binding on the Grantor, its successors and assigns. The Grantor agrees to insert an
appropriate reference to this easement agreement in any deed or other legal instrument by which it
divests itself of either the fee simple title or other lesser estate in the Property, the Subject Property, or
any part thereof.
k. Casualty Damage or Destruction. In the event that the Property or any part of it shall be damaged or
destroyed by fire, flood, windstorm, earth movement, or other casualty, the Grantor shall notify the
Grantee in writing within 14 days of the damage or destruction, such notification including what, if any,
emergency work has already been completed. No repairs or reconstruction of any type, other than
temporary emergency work to prevent further damage to the Property and to protect public safety, shall
be undertaken by the Grantor without the Grantee’s prior written approval indicating that the proposed
work will meet the Standards. The Grantee shall give its written approval, if any, of any proposed work
within 60 days of receiving the request from the Grantor. If after reviewing the condition of the property,
the Grantee determines that the features, materials, appearance, workmanship, and environment which
made the property eligible for listing in the National Register of Historic Places has been lost or so
damaged that its continued National Register listing is in question, the Grantee will notify the Keeper of
the National Register (or the SHPO if the Grantee is not the State) in writing of the loss. The Keeper of
the National Register will evaluate the findings and notify the Grantee in writing of any decision to remove
the property from the National Register. If the property is removed, the Grantee will then notify the
Grantor that the agreement is null and void. If the damage or destruction that warrants the properties
removal from the National Register is deliberately caused by the gross negligence of the Grantor or future
owner, then the Grantee will initiate requisite legal action to recover, at a minimum, the Federal grant
funds applied to the property which will then be returned to the U.S. Treasury.
l. Enforcement. The Grantee shall have the right to prevent and correct violations of the terms of this
easement. If the Grantee, upon inspection of the property, finds what appears to be a violation, it may
exercise its discretion to seek injunctive relief in a court having jurisdiction. Except when an ongoing or
imminent violation will irreversibly diminish or impair the cultural, historical and architectural importance of
the Property, the Grantee shall give the Grantor written notice of the violation and allow thirty (30) days to
correct the violation before taking any formal action, including, but not limited to, legal action. If a court,
having jurisdiction, determines that a violation exists or has occurred, the Grantee may obtain an
injunction to stop the violation, temporarily or permanently. A court may also issue a mandatory
injunction requiring the Grantor to restore the Property to a condition that would be consistent with
preservation purposes of the grant from the National Park Service. In any case where a court finds that a
violation has occurred, the court may require the Property to reimburse the Grantee and the State
Attorney General for all the State’s expenses incurred in stopping, preventing and correcting the violation,
including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation
or to take immediate action to correct a violation shall not bar it from doing so at a later time.
m. Amendments. The parties may by mutual written agreement jointly amend this easement, provided
the amendment shall be consistent with preservation purpose of this easement and shall not reduce its
term of duration. Any such amendment shall not be effective unless it is executed in the same manner as
this easement, refers expressly to this easement, and is filed with the County County Recorder.
n. Effective date; severability. This conservation easement shall become effective when the Grantor files
it in the Office of the Recorder of County County,State , with a copy of the recorded instrument
provided to the Grantee for its conservation easement file. If any part of this conservation easement
agreement is held to be illegal by a court, the validity of the remaining parts shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the conservation agreement
does not contain the particular part held to be invalid.
GRANTOR: ________________________________________
By: ________________________________________
Name and Title
STATE OF ______,_______________ COUNTY, ss: On this day of , 2006, before
me the undersigned, a Notary Public for said State, personally appeared Name of Person,to me
personally known, who stated that he is Title and Organization, that no seal has been procured by said
corporation, and that the foregoing instrument was signed on behalf of said corporation by authority of its
Board of Directors, and that as such officer, he acknowledged that he executed the foregoing instrument
as his voluntary act and the voluntary act of the corporation.
________________________________________
NOTARY PUBLIC
GRANTEE: ________________________________________
By: ________________________________________
Name and Title
STATE OF ________, __________ COUNTY, ss: On the _______ day of __________, 2006, before me,
a Notary Public for said State, personally appeared Name of Person, who stated that he is the duly
appointed and actively serving Title and Organization, and that he executed the foregoing conservation
easement agreement as his voluntary act and as the voluntary act of the State Department of Cultural
Affairs.
________________________________
NOTARY PUBLIC
EXHIBIT “A” TO CONSERVATION EASEMENT AGREEMENT
Property Name, City, State
To remain eligible for listing on the National Register of Historic Places, a property must be able to
convey its significance. The following character-defining features have been identified as those that help
convey the significance of the Property Name, photo documentation is attached.
Significant Interior Spaces and Features
Significant Exterior Spaces and Features
Significant Archeological Features
planning zoning subdivision review annexation historic preservation housing grant administration neighborhood
coordination
CITY OF BOZEMAN
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
MEMORANDUM
____________________________________________________________________________________
TO:Mayor Jacobson and City Commissioners
FROM:Courtney Kramer
DATE:January 29, 2008
RE: Zoning and Parking Requirements for the Story Mansion
____________________________________________________________________________________
January 29, 2008
When calculating parking, the Department of Planning always first checks if the use fits the zoning and
then calculates the parking by the use.
My comments are in italics.
Zoning restraints for the Story Mansion property, which is currently zoned R-1, from the Bozeman
Unified Development Ordinance:
Chapter 18.16: Residential Zoning
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts.
All development is subject to §18.02.050, BMC.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for primarily
single-household residential development and related uses within the City at urban densities, and
to provide for such community facilities and services as will serve the area’s residents while
respecting the residential character and quality of the area.
18.16.020: Authorized Uses: I pulled those which might apply
Community Centers:Permitted through a Conditional Use Permit process
Other buildings and structures typically accessory to authorized uses: Permitted as long as
they are accessory, or less in square footage than the primary use
Private or jointly owned community center or recreational facilities: Permitted as long as
they are accessory, or less in square footage than the primary use
Page 2
Public and Private Parks: A Principal use in R-1 zoning
Uses approved as part of a PUD: the Planning Director has determined that an owner-
occupied Bed and Breakfast operation could be considered for approval through the PUD
review process.
-- You will note that offices as a principal use are not allowed in R-1 zoning. They would be allowed if
they are accessory to the primary use; i.e. as a home occupation or as accessory to a community center.
Chapter 18.22: Public Lands and Institutions District:
18.22.010 Intent
The intent of the PLI public lands and institutions district is to provide for major public and quasi-public
uses outside of other districts. Not all public and quasi-public uses need to be classified PLI.
Some may fit within another district; however larger areas will be designated PLI.
18.22.030 Authorized Uses
Uses the Story Mansion, Carriage House and Grounds lend themselves to are highlighted
Authorized uses in the PLI district are as follows:
(Note: Additional uses for telecommunication facilities are provided for in Chapter 18.54, BMC)
A. Principal uses:
Ambulance service
Cemeteries
Essential services (Type I)
Museums, zoos, historic and cultural facilities and exhibits
Other public buildings, e.g., fire and police stations and municipal buildings
Public and nonprofit, quasi-public institutions, e.g., universities, elementary, junior and senior
high schools and hospitals
Publicly owned land used for parks, playgrounds and open space
Publicly owned community centers
B. Conditional uses:
Day care centers
Essential services (Type II)
Solid waste landfill and transfer facilities
C. Accessory uses:
Other buildings and structures typically accessory to permitted uses
Please note that PLI zoning does not have a cap on how much money the owners pay for street
and tree maintenance. This would come out of whichever department is in the building’s budget.
Parking:Again, the Department of planning calculates parking based on use and the square footage
used.
18.46.010 GENERAL PROVISIONS
The purpose of these standards is to provide functional parking areas adequate to the needs of users,
create shaded areas within parking lots, reduce glare and heat build up, provide visual relief within
paved parking areas, emphasize circulation patterns and enhance the visual environment. In achieving
these purposes this chapter interacts with the requirements of Chapter 18.48, BMC The design of off-
street parking shall primarily be the responsibility of the developer and shall consider traffic circulation,
intended landscaping, pedestrian access and circulation, and other purposes of this title.
Page 3
The UDO allows the calculated square footage to be reduced to 85%, or the applicant can net out square
footage used for:
a. Window display areas;
b. Storage areas;
c. Areas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms, kitchens or breakrooms;
e. Areas occupied by public utility facilities;
f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the
sale of clothing;
g. Areas occupied by stairways and elevators; and
h. Corridors connecting rooms or suites of rooms.
Basement: 1,303 square feet x 0.85 =’s1,108 square feet
Main Floor: 1,303 square feet x 0.85 =’s 1,108 square feet
Second Floor: 1,303 square feet x 0.85 =’s 1,108 square feet
Third Floor: 1,282 square feet x 0.85 =’s 1,090 square feet
Carriage House: no square footage at this time
The Department of Planning is able to calculate parking by uses within the building; parking for the
entire building does not have to be calculated by all “community center” or all “public assembly areas.”
It can be mixed.
With that in mind, here is the most likely scenario:
Basement: 1,303 square feet x 0.85 =’s1,108 square feet
“Used as Warehousing, storage or handling of bulk goods: 1 space per 1,000 square feet of floor area
devoted to storage of goods; plus appropriate spaces to support accessory office or retail sales
facilities at 1 space per 300 square feet of floor area.”
1,108 square feet/ 1,000 square feet =’s 1 parking space
Plus
1,108 square feet/ 300 square feet =’s 3.69> 4 parking spaces
Main Floor: 1,303 square feet x 0.85 =’s 1,108 square feet
“Calculated as Community or Recreation Center: 1 space per 200 square feet of floor area”
1,108 square feet/ 200 square feet =’s 5.54> 6 parking spaces
OR” Calculated a Public Assembly Space: c. 1 space for each 5 seats based upon design capacity,
except that total off-street or off-road parking for public assembly may be reduced by 1 space for
every 4 guest rooms.”
Second Floor: 1,303 square feet x 0.85 =’s 1,108 square feet
“Calculated as office space (which would be accessory if the Main Floor and Third Floor are other
uses): 1 space per 250 square feet of floor area with a minimum of 4
1,108 square feet/ 250 square feet =’s 4.432> 4 parking spaces
Third Floor: 1,282 square feet x 0.85 =’s 1,090 square feet
“Calculated as Community or Recreation Center: 1 space per 200 square feet of floor area”
1,090 square feet/ 200 =’s 5.45> 5 spaces
Page 4
Parking Calculation totals:
Basement: 3.69
Main Floor: 5.54 (Community or Recreation Center) or 15.8 (Public Assembly)
Second Floor: 4.432
Third Floor: 5.45 ___________________________
19.112 =’s 19 Off Street Spaces 29.372 =’s 29 Off Street Spaces
To be conservative, let’s use the 29 Off Street Spaces calculation…
Options for Parking Reductions:
Exceptions to These Parking Requirements. Because some situations (i.e., existing lots which have no
landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to
the required maximum parking areas; because the community’s appearance could benefit from
additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or
landscaping would encourage development within existing City boundaries; the following alternatives
may be permitted. These alternatives may be proposed by the developer for review by the ADR staff.
Such proposals may be approved based on a determination that such alternatives meet the following
requirements and will not create a congested on-street parking situation in the vicinity of the proposal.
18.46.040 C 1 “Landscaping in Lieu of Parking” Except in the B-3 district, property owners have the
option of requesting the deletion of up to 5 required spaces or 10 percent of the required parking spaces,
whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on the property for
each space so deleted. This shall not decrease the amount of landscaping that would have been required
with full parking, but shall be in addition to such landscaping. This option shall be approved by the ADR
staff. These improvements must be placed in the public right-of-way or yards directly facing the right-
of-way.
I think we would want to take the 5 required spaces rather than the 10%. This would require us to put in
1,750 square feet of landscaping, trees, or streetscaping, and would double up with landscaping
improvement investments we are likely already making.
29 Off Street Parking Spaces- 5 Off Street Parking Spaces =’s 24 Off Street Parking Spaces
We would also need to include ADA Parking Spaces.
18.46.040 D “Disabled Accessible Parking Spaces”
1. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard 795,
(Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4 (Accessible
Elements and Spaces: Scope and Technical Requirements). Each disabled parking space shall
also be accompanied by a sign stating “Permit Required $100 Fine”. See Figure 18.46.040.D
in Appendix A.
2. All parking lots and facilities shall be subject to current International Building Code
guidelines for accessibility, and shall contain a minimum number of disabled accessible
parking spaces as set forth in the table below:
Page 5
It looks like we would need one or two ADA parking spaces, depending on if we pursued the
landscaping-in-lieu of parking.
Generally, 350 square feet is needed per parking space. 350 square feet x 24 spaces =’s 8,400 square
feet of off street parking for the uses outlined in this memo. I am unsure what the current parking area
measures, but imagine a paved area measuring 91 feet across times 92 feet deep and that is about 8,800
square feet.
Please note this is only for the Mansion. I did not have access to the dimensions of the carriage
house.
Please note that the City of Bozeman does have a parking requirement for parks. We require that
they be street accessible from four sides, which then provides the on-street parking. Any uses
provided within the park are then required to provide on-site parking.
Please also note that the City may need to pay impact fees for uses which result in increased
demand for services such as water, fire protection or streets.
January 31, 2008
James Goehrung, Superintendent of Facilities and Lands
City of Bozeman
P.O. Box 1230
Bozeman, MT 59715
Dear James,
At your request, the following is a brief summary of recommended work and estimated costs for limited renovations at the
Historic T.B. Story Mansion and Carriage House. This summary is in response to requests by City of Bozeman officials to
convert first floor space of the existing residence to a public events space (Assembly/A-3 Use and Occupancy
classification under the International Building Code). This recommended approach and task list was developed by Kim
Everts (Comma-Q Architecture, Inc.) and me, and responds to conditions and recommendations outlined in the
Architectural Assessment of the Historic T.B. Story Mansion and Carriage House dated August 2003. Russ Olsen (R&R
Taylor Construction, Inc.) and Kurt Keith, P.E. (Structural Engineer, Morrison-Maierle, Inc) also provided information in
direct response to the ‘public events space’ concept.
In order to change use from Residential to Assembly, and complete the work within the context of an overall renovation
of the structure, we recommend the following:
1. Provide 4” fire line service to the Mansion and provide fire sprinklers at entire structure (currently the
building is served by a 2” fire line and fire sprinklers are provided at the basement level only).
2. New electrical service.
3. New mechanical system (new boiler, piping, refurbish existing radiators)
4. Floor strengthening at 1st and 2nd floors (ceiling of basement and ceiling of 1st floor) at areas identified as
structurally deficient in the Architectural Assessment.
5. General renovation of spaces per attached plan
a. Provide Basement toilet rooms
b. Provide Accessible unisex toilet at main floor
c. Stair reconfiguration, exiting, and other Life Safety/ADA issues at first floor and basement
d. Renovate/Downgrade existing commercial kitchen to catering kitchen
e. New electrical and data wiring at renovated spaces
f. Repair/Restore interior finishes
Estimated costs for the work described above are as follows:
Mechanical, Electrical and Fire Protection (Items 1-3 above): $625,000.00
Floor Strengthening (Item 4 above): $120,000.00
General Renovation (Item 5 above): $456,000.00
Contingency (15%): $180,150.00
Subtotal: $1,381,150.00
Permits & Fees (12%): $165,000.00
Total Estimated Cost: $1,366,000.00 to 1,546,150.00*
*range is defined by contingency
Exclusions:
Hazardous Materials Abatement
2nd and 3rd Floor work (*except strengthening of 2nd floor structure). Exiting from upper levels is beyond the
scope of this work and requires further analysis based on ultimate use.
Carriage House
The tasks and estimates listed above are based on current adopted Building Codes and informed by our professional
experience. However, they are general in nature and are intended to serve as a guide for the decision-making process.
Many variables still exist surrounding the Project and the scope and estimates are subject to change. Please contact me
if I can be of further assistance.
Respectfully Submitted,
Ben Lloyd | Architect/President
cc: Russ Olsen, R&R Taylor Construction, Inc.
Kurt Keith, P.E., Morrison-Maierle, Inc.