HomeMy WebLinkAbout13- Sub-Recipient Agreement for Save America's Treasures Grant Funds for Caird Streetlamos SUB-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES
GRANT FUNDS FOR THE CAIRD STREETLAMP RESTORATION PROJECT, BOZEMAN,
MONTANA
The CITY OF BOZEMAN, MONTANA, a self governing municipal corporation, organized and
existing under its Charter and the laws of the State of Montana, with a physical address of 121 North
Rouse Ave., Bozeman, MT and a mailing address of PO Box 1230, Bozeman, MT 59771 ("City") and
the Downtown Bozeman Partnership with an address of 222 East Main Street#302, (hereinafter referred
to as "Sub-Grantee"), in consideration of the mutual promises, the consideration hereinafter described,
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged agree as
follows:
1. Award of Grant/ Purpose: On May 10, 2010, the National Park Service (NPS) awarded the City a
Save America's Treasures (SAT) Grant in the amount of $150,000 to fund the repair and
preservation of eligible historic properties within Bozeman's Main Street Historic District (the
"Grant"). The Grant requires the obligation of one-dollar in matching funds or eligible `in-kind'
contributions for each dollar of grant funds. On September 17, 2012 the City awarded $10,000.00 of
the SAT funding to Sub-Grantee for the Caird Streetlamp Restoration Project (the "Project")
consistent with the application to the City(hereinafter referred to as the "Application").
The City and Sub-Grantee enter into this agreement to: (i) provide the terms and conditions for
which the Grant funds may be distributed to the Sub-Grantee; (ii) facilitate the completion of all
tasks, objectives and goals described in the Application; (iii) ensure compliance with NPS and City
reporting requirements and all applicable requirements of federal, state, and local law; and (iv)
provide timely payment for approved work completed by Sub-Grantee on the Project.
2. Matching Share: As described above in Section 1, the Sub-Grantee is required to expend on the
Project an equivalent amount as is awarded under this Agreement of $10,000.00 (the "Matching
Share"). The Matching Share must comply with this Section, Section 1 and Section 8, below, and
with federal OMB Circular A-102 (43 CFR 12.64) and OMB Circular A-87; and may include
eligible in-kind contributions as authorized by the City and NPS.
The Sub-Grantee recognizes the matching requirement is imposed by Section 102(a)(3) of the
National Historic Preservation Act, and by the various federal Appropriation Acts, and requires the
Sub-Grantee to bear part of the cost of performing the work to be achieved with the Grant award.
The Sub-Grantee recognizes the Grant is meant to stimulate nonfederal donations—not to pay for all
the work by itself. As such, the Matching Share provided by the Sub-Grantee must be, as approved
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 1 of 10
by the City and NPS: (1) directly related to the Project objectives; (ii) necessary to complete Project
objectives; and(iii) reasonable for the proper and efficient accomplishment of Project objectives.
In addition, the Matching Share must, as determined by the City and NPS, comply with the
following:
a. All contributions, including cash and third party in-kind (non-cash) donations, shall be accepted
as part of the Sub-Grantee's cost sharing or matching when the contributions meet all of the
following criteria:
i. Are verifiable from the Sub-Grantee's records (e.g., timesheets to track how much time an
employee spends on the Save America' Treasures grant-assisted project);
ii. 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);
iii. Are necessary and reasonable for proper and efficient accomplishment of Project objectives;
iv. Directly benefit and are specifically identifiable to the Project receiving Federal assistance
from the Save America's Treasures program;
V. 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
Vt. 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 the 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 Sub-Grantee 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
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 2 of 10
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.
3. Period of Performance/Condition Precedent to Funding: This Agreement shall commence upon
signing by the parties. The Sub-Grantee shall have six months from delegation of funding, or until
March 17, 2013, whichever is earlier, to complete final design and bid documents, receive approval
for such design and bid documents from the NPS and City, and to provide the City with documents
adequately demonstrating fundraising of a minimum of$5,000.00 (50% of the SAT grant amount)
toward the Grant's matching requirement. In addition, the Sub-Grantees shall, prior to September 17,
2013, secure a building permit, begin construction, and provide the City with documentation
adequately demonstrating successful fundraising of the remaining $5,000.00 (the remainder of the
matching amount). All construction work using Grant funds shall be completed and requests for
reimbursement shall be made to the City prior to May 30, 2015. Failure to meet the conditions here
may result in the termination of this Agreement.
Notwithstanding the above, the funds under this Grant shall no longer be available after June 30,
2015 and the Grant and this Agreement shall expire at that time unless otherwise terminated
pursuant to Section 10. The above timelines shall be referred to as the "Period of Performance."
Sub-Grantee shall obtain all necessary permits prior to commencing construction including
authorization for the design, location, and installation of the streetlamps from the City's Department
of Community Development and authorization for permanent encroachment into the Willson
Avenue public street right-of-way from the City's Director of Public Works.
4. Scope of Work: Sub-Grantee shall complete work consistent with the Grant and the Application,
which are hereby incorporated by reference and made a part of this Agreement, and shall complete
all work only as authorized by the City and NPS.
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 3 of 10
5. Representations and Warranties. Sub-Grantee represents that:
a. The undersigned, on behalf of Sub-Grantee, has authority to bind Sub-Grantee to the terms and
conditions of this Agreement.
b. Neither the execution and delivery of this Agreement nor the consummation by the Sub-Grantee
of the work contemplated hereby, will result in a breach of any applicable statute or regulation,
or of any administrative or court order or decree, nor conflict with or result in the breach of any
term, provision, covenant or condition of any agreement or other instrument to which Sub-
Grantee is a party or which with the giving of notice or lapse of time or both would constitute an
event of default thereunder.
c. Sub-Grantee has the organizational capacity to raise the matching funds required under this
Agreement.
d. There is no action, suit, proceeding, or investigation pending, or to Sub-Grantee's knowledge
threatened, before any agency, court or other governmental or quasi-governmental authority that
relates to the Sub-Grantees' ability to fulfill its obligations under this Agreement.
e. The Sub-Grantee shall own all streetlamps until such time as the Conservation Easement
required under Section 11, below, has run or been released by the NPS and at such time the Sub-
Grantee may, subject to City approval, transfer ownership to the City.
f. All of the representations contained herein are material.
6. Contacts: The single point of contact for the City shall be Historic Preservation Officer Courtney
Kramer and for the Sub-Grantee the primary contact shall be Chris Naumann. Notices under this
Agreement shall be made to the addresses listed above.
7. Special Conditions: In addition to the requirements of this Agreement, Sub-Grantee shall comply
with all requirements and Special Conditions imposed upon the City by the NPS and applicable to
the City as recipient of the Grant as those provisions are made part of this Agreement. The Special
Conditions are attached herein as Attachment A.
S. Reimbursement for Services/Requests for Payment: No Grant funds shall be forwarded to the
Sub-Grantee prior to authorization from the City and then only for authorized completed work. The
City shall not provide Grant funds to the Sub-Grantee other than described herein and in the Special
Conditions. Reimbursement to Sub-Grantee for work completed under the Grant and this Agreement
shall not exceed $10,000.00 (Ten Thousand Dollars) (the "Grant Amount") and are only available
during the Period of Performance. All requests for reimbursement shall be submitted to the Historic
Preservation Officer within ten (10) days of the end of each calendar month. Requests for
reimbursement must include a budget tracking invoice of completed work, a receipt of payment in
full from the contractor completing the work, and a narrative justification of the amount requested.
All requests for reimbursement shall also document that half of the invoice has been paid by funds of
Sub-Grantee separate from the Grant funds prior to distribution of Grant funds to the Sub-Grantee or
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 4 of 10
through documented, eligible and approved `in-kind' services or donations. The Sub-Grantee shall
also submit all documentation required by the NPS and the Save America's Treasures program.
Payment will be remitted by the City to Sub-Grantee within four weeks of approval of submitted
invoices.
9. Budget Adjustments/ Special Purchases: Any expenditure not specifically allowed under the Grant
must be approved by the City and NPS in writing prior to purchase or expenditure.
10. Reports/ Accountability/ Inspection: The Sub-Grantee agrees to develop and/or provide
documentation as requested by the City and NPS demonstrating compliance with the requirements of
the Grant, the Application and this Agreement. Sub-Grantee shall allow the City and NPS, their
auditors, and other persons authorized by the City or NPS to inspect and copy its books and records
for this project for the purpose of verifying that the reimbursement of monies distributed to Sub-
Grantee pursuant to this Agreement and the Grant was used in compliance with this Agreement and
all applicable provisions of federal, state, and local law.
11. 50-year Historic Conservation Easement. The award of Grant dollars to the Sub-Grantee is
specifically conditioned on the Sub-Grantee authorizing and recording in the records of the Gallatin
County Clerk and Recorder a conservation easement agreement against the streetlamps for purposes
of preserving the streetlamps. The easement shall be approved by the NPS prior to filing and shall be
in substantially the same form as attached hereto as Attachment B. The easement must be held by an
entity authorized by the NPS to accept the easement. Should the Sub-Grantee accept any amount of
funds under this Agreement, no matter how negligible, the Sub-Grantee shall be obligated, at the
time required by the City, to execute the conservation easement and file the easement with the
Gallatin County Clerk and Recorder. The easement shall remain in place for the term of the
easement period unless approved by the NPS. Failure of the Sub-Grantees to execute the easement at
the time required by the City shall be considered a breach of this Agreement and the City may
pursue a court order authorizing it to record the easement. The City shall be entitled to recover its
attorney fees pursuant to Section 20, below.
12. Default and Termination: If the Sub-Grantee fails to comply with any condition of this Agreement
at the time or in the manner provided for, the City may terminate this Agreement and be released
from all obligations if the default is not cured within thirty (30) days after written notice is provided
to the Sub-Grantee. The notice shall set forth the items to be cured. Any party may terminate this
Agreement without cause on ninety (90) days written notice to the other party. If any funds have
been provided to the Sub-Grantee under Section 8, the City may require the easement under Section
11 to be filed and remain in effect until terminated as provided by law.
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 5 of 10
13. Independent Contractor Status: The parties agree the Sub-Grantee, its agents, employees,
contractors, or subcontractors, are independent contractors for purposes of this Agreement and are
not to be considered employees or agents of the City for any purpose. The Sub-Grantee and its
agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the
City's personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. The Sub-Grantee, its agents, employees, contractors, or
subcontractors, are not authorized to represent the City or otherwise bind the City in any way.
The Sub-Grantee, its agents, employees, contractors, or subcontractors, shall comply with the
applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the
Occupational Disease Act of Montana, Title 39, Chapter 71, MCA.
The Sub-Grantee shall maintain workers' compensation coverage for all its members and employees
except for those members who are exempted by law. The Sub-Grantee shall furnish the City with
documents showing one of the following: (1) a binder for workers' compensation coverage by an
insurer licensed and authorized to provide workers' compensation insurance in the State of Montana;
or (2)proof of exemption from workers' compensation granted by law for independent contractors.
14. Compliance with Laws: Sub-Grantee agrees to comply with all federal, state and local laws,
ordinances, rules and regulations, including but not limited to the requirements of the NPS's Save
America's Treasures grant program (including but not limited to the requirements related to
procurement, contracting, reporting, publicity, etc.), the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA, federal law related to the payment of wages, the
City's Purchasing Policy (City of Bozeman Administrative Order 2009 06), for all contracts
wherein Grant funds will be requested.
15. Indemnity/ Insurance: The Sub-Grantee agrees to the fullest extent permitted by law, to defend,
indemnify, and hold the City harmless against claims, demands, suits, damages, losses, and expenses
connected therewith that may be asserted or claimed against, recovered from or suffered by the City
by reason of any injury or loss, including but not limited to, personal injury, including bodily injury
or death, property damage, occasioned by, growing out of, or in any way arising or resulting from
any intentional or negligent act on the part of Sub-Grantee or its employees in performance of work
conducted using grant funds.
Sub-Grantee waives any and all claims and recourse against the City or its officers, agents or
employees, including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this Agreement
except "responsibility for his own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent" as per 28-2-702, MCA.
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 6 of 10
Should City be required to bring an action against the Sub-Grantee to assert its right to defense or
indemnification under this Agreement or under the Sub-Grantee's applicable insurance policies as
required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in
asserting its right to indemnification or defense but only if a court of competent jurisdiction
determines the Sub-Grantee was obligated to defend the claim(s) or was obligated to indemnify the
City for a claim(s) or any portion(s) thereof.
The above obligations shall survive termination of this Agreement.
In addition to and independent from the above, Sub-Grantee each shall secure insurance coverage
acceptable to the City and furnish to the City an accompanying insurance endorsement issued by a
company authorized to do business in the State of Montana in amounts not less than as follows:
• Workers' Compensation - statutory
• Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate
• Professional Liability- $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or
named insured on a primary non-contributory basis on the Commercial General Liability policy.
The insurance and required endorsements must be in a form suitable to City and shall include no less
than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to any Grant funds being distributed under this Agreement.
The Sub-Grantee shall carry commercial property insurance in an amount equal to the costs of
replacement for the streetlamps for the duration of the easement required pursuant to Section 11.
16. Modification and Assil4nability: This document contains the entire agreement between the parties
and no statements, promises or inducements made by either party or agents of either party, which are
not contained in this written Agreement, may be considered valid or binding. This Agreement may
not be enlarged, modified or altered except by written agreement signed by the parties hereto. The
Sub-Grantee may not subcontract or assign Sub-Grantee's rights, including the right to
compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement.
17. Applicability: This Agreement and any extensions hereof shall be governed and construed in
accordance with the laws of the State of Montana.
SUS-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 7 of 10
18. Nondiscrimination: The Sub-Grantee shall have a policy to provide equal employment
opportunities in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. The Sub-Grantee shall not refuse employment to a person, bar a person
from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Sub-Grantee shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder.
The Sub-Grantee shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
In addition, Sub-Grantee shall ensure all contracts entered into by it for the Project using Grant funds
shall comply with Bozeman City Commission Resolution 4250 regarding discrimination in
contracting. As such, as applicable, all notices for RFPs, RFQs, and all construction and service
contracts, etc. must contain a provision that requires each entity submitting a bid or proposal to
affirm in writing it will comply with the City's non-discrimination policy. Each bidder must also
affirm it recognizes the eventual contract will contain the discrimination provision.
In an Invitation to Bid(or other similar notice), as applicable, the following must be included:
"Discrimination in the performance of any contract awarded under this [notice/invitation] on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or
disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity's employees
and to all subcontracts. Every entity submitting under this [notice/invitation] must sign and return the required
affirmation. [You may refer to the specific location in the project documents where the affirmation page is located]".
As applicable, per the above, a separate "affirmation" page shall be added to the prroject documents
so the bidders will not have to generate their own. This document should be included with all other
documents the bidder is required to submit. If the Sub-Grantee works with a consulting engineer or
architect and the consultant prepares the documents the Sub-Grantee shall ensure the consultant
knows of this requirement and requires the consultant to include the affirmation page in the
project documents. The "affirmation" page to be included in all bid/RFP/RFQ documents shall be
modeled on the following:
1. [name of entity submitting] hereby affirms it will not discriminate on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual
orientation, gender identity or disability in the performance of work performed for the city of Bozeman,if a contract
is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting
discrimination as described above and that this prohibition shall apply to the hiring and treatment of the
SUB-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 8 of 10
[name of entity submitting] employees and to all subcontracts it enters into in
performance of the agreement with the city of Bozeman.
signature
[Name of person authorized to sign on behalf of the bidder]"
19. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or
conditions of this Agreement does not limit the other party's right to enforce such term or conditions
or to pursue any available legal or equitable rights in the event of any subsequent default or breach.
20. Attorney's Fees and Costs: That in the event it becomes necessary for a party to this Agreement
to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing party shall be entitled to reasonable attorney's fees and costs,
including fees, salary, and costs of in-house counsel to include City Attorney.
#####End of agreement except for signatures palles#####
SUB-RECIPIENT AGREEMENT FOR RECEIPT OF SAVE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT,BOZEMAN,MONTANA
Page 9 of 10
IN WITNESS WHEREOF,the parties hereto have executed this rostra-iment the day and year indicated.
below.
Date. 1.
Chris Kukulski, City Manager
City of Bozeman
OF RO
Atte M
))IPA
LA +u dy
S VATOF eil, Cit ffAer �
MONT Nl
County of Gallatin
On this a 4\ day of , 2011, this instrument was acknowledged before me by
Chris A. Kukulski and Stacy Ulmem as City Manager and City Clerk, respectively, of the City of
Bozeman, a self-governing municipal government,
Sto 'v0laquaaaa0 BRUNCKHORST
�c AIMEE
NOTARY PUBLIC for the
sautdx uoassluau�o0 A�''ffi�"' °��� tit Public for the State of Mo State of Montana
etuo 'ope46lag 1e 6ulpRsa �° n State;,�
eueluo�y to @18;3,
3e1 15 ` inted panne: �� Residing at Belgrade,Montana
941 Jol OI1ECIct A8VLON �¢ �:� esidin at: � o MY commission Expires
1S C7 ONR1tt£t 3 Ilb p °ran g r December 04,2016
y commission expires:
Date: l
Chris Naumann, Executive Director D town Bozeman Partnership
STATE OF MONTANA
ss..
County of Gallatin
This instrument was acknowledged before me on avr-k V,Zm3by Chris Naumann, as Executive
Director of the Downtown Bozeman Partnership.
� wuyc�y AIMEE 6RUNCKHORST
p
NOTARY PUBLIC for the Doter Public for the State of Montana
' State of Montana
Residing at Belgrade, Montana Printed Nar e:
w .......... My Commission Expires Residing at: , Montana
December 04,2016
My commission expires,
SUB-REC'INENT AGREEMENT FOR RECEIPT OF SAFE AMERICA'S TREASURES GRANT FUNDS FOR THE CAIRD STREETLAMP
RESTORATION PROJECT BOZEMAN MONTANA
Page 10 of 10
Attachment A
United States Department of to Interior
NATIONAL PARK.SERVICE
1849 C street,NX
'V mhingw n,D.C.20240
ope
H36(2256)
r �
Grant Agreernent'No,30-10-ML-20,23
Upon signature of both parties below, the National Park Seance(NPS)will live*e obligated with this Grant
Agreement the amount of$150,000 appropriated from the.Historic Presenutdon Fund for the Save America's
Treasures Grant Program by Public Law 111-8,which provides Fiscal Vear 2010 appropriations to the
Department of the Interior. The term of this grant agreement is
Beginning Date-, February 1,2011
Eroding Tate; February 28,2013
In accepting this grant to preserve the Bozeman National Register listed Historic District,evidenced by
signature below, the City of Bozeman agrees to comply with Department of the Interior regulations and
requirements governing Federal,grints stipulated in Office of Managernent and Budget(OlvlB) Circular t1-102
QIdministrative Requirements for Grants and Cooperative Agmecnents with State;tnd Local Gcwernments,
see 43 CFR. 12,Subpart M Circular A-87 (state and Vocal Governments);and Circular A-133(Audits of
States,Local C7overntnents,and Non-Profit Organizations). These requirements are hereby incorporated by
reference into this grant agreement. In accordance with 18 U.&C. 1913,none ofthese funds may be used for
lobbying purposes as defined in the special conditions contained on the following pages. These special
conditions are also hereb y incorporated into this grant award. 'Ilae tenors and conditions of this gr=ant award
shall be extended to subrecipients and subcontractors.
In witness thereof,the parties have executed this grant agreement as of the date entered below,
CI'T'Y OF BOZEMAN,MONTANA NATIONAL PARK SERVICE
Authorized Signature Chie ,-Iistoric Preservation Grants Division
Date signed Date signed
CC Montana State.Historic Preservation Office(SHPO)
Attachments.
Sly 424 Application for Federal Assistance
Bridget Changes/Special Grant Conditions
Grant Agreement(Page 2 of 8,)
APPLICATION AND BUDGET CHANGES/SPECIAL CONDITIONS
GRANT NUMBER: BEGINNING DATE: ENDING DATE:
30.10-ML-2023 February 1,2011 February 28,2013
'I'he terms of the grant award include the following special conditions necessary to obtain the objectives of Tl1e
,grant, facilitate administration of the grant, and to protect the interests of the Federal Government. Grantee
noncompliance with these terms and conditions and the requirements of Office of Nlanagernent and Budget
(O-MB) Circulars A-102 and A-87 xvill cause disallowance of costs incurred under the grant. In addition to
other lawful remedies,in the event of noncompliance-with any grant conditions,the grant may be suspended,
terminated or annulled pursuant to ONIB Circular A-102 (see 43 CFR 12.961 - 11962).
The grantee shall not assign or otherwise transfer final responsibility for this Grant Agreement,the grant, ()I
the project to any third party.. The execution of subcontracts shall not alter or tnodi�' the obligations of the
grantee. I loxvever,the grantee may subcontract for performance of project-relatedwork-sun-inia&,ed in this
Grant Agreement. The grantee must administer this grant award free from conflict of interest,briben-'
"kickbacks," cost-plus-a-percentage-of-costs contracts,and other procurement practices prohibited by. CFR
12,94-4.
S12ecial Condition#1.Limitations on GtaaLE-x-1--)enditures. The term of availability of these grant funds is
from FebruarT 1, 2011,through February 28,20613. All costs incurred must be billed to NPS within 90 days
of the end date of this agreernenr as amended. Expenses charged to this grant,both the Federal share and The
match ingshare,may not be incurred prior to the beginning date specified above,or subsequent to the grant
end date specified above(unless the Grant Agreement's end date is formally extended in writing bY NPS).
Such expenditures may not exceed the maximum limits shown on this grantawird,or amendment,;
subsequently approved in-wridng by NPS. The grantee assumes fiscal Lability,without recourse to NPS,for
commitments that exceed the funds provided in the Grant Agreement,
S I
pec1h1l Con di 'oq#2,Allowable Costs. All costs charged to the grant,both the Federal share and the
matching share,must be directly related to and necessary for the achievement of the approved objectives and
budget of this grant, as specified in Grant Condition#15,below,unless an amendment is approved in writing
by NPS, Expenses charged must be incurred only for eligible costs in accordance with OMB O.MB Circular
w-1-1012 and ONIB Circukr A-97; and supported by approved contracts,purclmse orders,requisitions,bins,or
other evidence of liability consistent with generally established purchasing procedures and generally accepted
accounting principles.
Special Condition #3,NonfedLtLat Matching Share.At least$150,000 in eligible nonfederal matchirig
contributions that are allowable and properly documented in accordance-%vith,43 CFR 12.923 must be used
during the grant period to sliare the costs for this grant, Failure to use the required non-Federal matching
share will result in the disallowance of costs reimbursed,and/or the dcobligarion of remaining unexpended
funds. P
7
Grant Agreement(Page 3 of 8)
APPLICATION AND BUDGET GHANGESISPECIAL CONDITIONS
GRANT NUMBER- BEGINNING DATE: ENDING DATE:
30.10-ML-2023 February 1,2011 February 28, 2013,
Special Condition#4,Fundraising Costs: In accordance with OMB Circular A-S7, Attachment B,Item 21,
costs of fundraising,are jiot eligible costs chargenble. to the grant for reimbursement or as eligible nonfederal
marching share contributions,
'z-',12ecial Condition#5, performance Reports, An acceptable Interim Progress Report must be submitted
to NPS every six months during the grant period,v-ith the initial Progress Report due not later than
six months from the beginning date of this agreement. An acceptable Final Progress Report must be
submitted w ithin 90 days of the end date of this agreement or as amended. The grantee must
simultaneously submit a copy, of the Final Report and photographs of the completed work to the
State Historic Preservation Office to confirm that all vvork was completed as-agreed upon. Failure to
saabrruait acceptable progress repoxts by the dates specified,and in the format prescribed by NPS,may result in
suspension of funds or other action.*Interim Reports and the Final Report must include the Standard Form
425,Federal FiPancial Reptv-1,which is used to document financial obligations and outlays during the previous
reporting period. Digital photos acre acceptable and can be subtriitted electronically using the"Images Form"
that caii be downloaded from.the NPS Save America's Treasures website under"iIlanual and Form,"
The grantee agrees to maintain close liaisoa,,vitli the NPS Grant Awarding Official throughout the grant
period. NPS reserves the right to request meetings,upon reasonable notice,Nvith grantee project staff at
intervals during the course of project work. 'The grantee agrees to promptly notify the NPS Grant Awarding
Official should zany'of the following conditions become known to it.,
a) problems, delays, or adverse conditions tliatuW materially affect the ability of the grantee (or its
subcontractors,if any) to attain project objectives,prevent the project from
timetables,or preclude the completion of approved work; In meeting planned
b) I'lie need for adjustment(revision) to the project budget,and
c) The lack-of nonfederal matching share to meet the amount required by this Grant Agreement,
Interim and Final Reports should be sent to your grant administrator's attention at the National Park- Service
in Washington,DC. Mailing address: 1201 Eye Street,NW7,V1 Floor(Stop 2256),Washington,DC 20005.
Special Condition#6, Prior A1212rovAl-Requiremerits. 'the- may not,without winten approval by the
NPS grant awarding official (that official-%vhose signature/title appears on the grant award document, or his
designee),make changes in the approved scope of work or budget that„vould substantively alter the approved
scope of work- (43 CFR 12,925),
Special Condition#7,Lob 'ring Prohibitigns., Costs associated-%vid-i activities or any form of communication
designed to influence in any manner a Member of Congress to favor or oppose any legislation or
appropriation are unallowable as as clurge to this grant or matching share. None of the funds awarded may be
used to process any grant or contract documentswl-itich do not include the text of 18 U.S.C, 1913 prol-iibiting
lobbying with appropriated funds. Recipients,-,hall not use any part of the appropriated funds for any activity
or for the publication or distribution of literature that in any-,vats tends to promote public support or
opposition to any legislative proposal on which Congressional action is not complete.
Special Condition#8,Debarment and Suspensioll. In accordance with Executive Order 12549 "Debarment
and Suspension” the grantee and its subgrantees must not make any award or permit any award (by subgrant
GNA
Grant Agreement(Page 4 of 8,)
APPLICATION AND BUDGET CHANGESISPECIAL CONDITIONS
GRANT NUMBER: BEGINNING DATE: ENDING DATE:
30-10-ML-2023 February 1, 2011 February 28, 2013
or contract) at any der to any pam7 which is debarred or suspended or is othcrvvisc excluded from or iiieligible
for participation in Federal assistance programs under Executive Order 12549.
S. ecial Condition#9,.Financial Audit. TI-ic grantee sha 11 obtain an audit of grant expenditure records,in
accordance with ON413 Circular A-133 which requires-a Single Agency Audit for any grantee who expends at
least$500,000 of Federal grant funds (from all sources) in a fiscal year. The single audit must be performed in
accordRrice,xvith Goi)envvent.,Ivdifiizg Standards and cover the entire grant operations. . complete single audit
reporting package must be timiled within 9 months of the grantee's fiscal year-end date to the National Park
Service,Historic Preseliatioli Grants Division, 12011 (Eye) Street NXX,, 611,Flom(Stop 2256)%Vashington,
D,C, 20005;and to the Federal Audit Clearinghouse,Data Preparation Division,U.&Bureau of the Census,
1201 E� 10th Street,Jeffersonville, Indiana 47132 or by online submission to bttp://hane-,ter-census,go-v/fic,
A reasonable proportion of the costs of an acceptable audit performed inay be charged to tl�s grant. Failure
to comply with this Special Condition may result in%,vidiholding of payments or other sanctions as
appropriate.
Special Condition#10,Record Keeping. The grantee must maintain the property,personnel,financial,
procurement and other records and accounts pertinent to the funds awarded by this grant in accordance Nvith
43 CFR 12, The grantee,and its contractors will permit on-site inspections by NPS representatives,and will
effectively require employees and board members to furnish such information as,in the judgment of NPS
representatives,may be relevant to a que,,tion of compliance xvith grant conditions and directives on the
effectiveness, legality and acliievernents of project work.
Special Condition#11 .?Sccess to Records. The Secretary of the Interior and the Comptroller General of the
United States,or any of their duly-aiithorized representatives, shah have access for the purpose of financial or
progninimatic audit and examination to any books,documents,papers,and records of the grantee that are
pertinent to the grant at all reasonable times during the period of retention provided for in 43 CFR 11
Special Condition#12,Public Inyolvernent.Publicity and Press Releases-, As stipulated in 36 CFR Parr 800,
public views and comments regarding all Federally-funded undertakings on historic properties must be sought
and considered by the authorizing Federal agency.Therefore,the grantee is required to post a press release
regarding the undertaking under this grant in one or more of the major newspapers or new-, sources that cover
the area affected by the project within 30 days of receiving the signed grant agreement A sample press release
is attached to the end of the agreement, A copy of the posted release must be subinitted to NPS within 30
days of the posting.
The grantee must also transmit notice of any public ceremonies planned to publicize the project or its results
in a timely enough manner so that NPS,Department of the Interior,Congressional or other Federal officials
can attend if desired.
Special Condition#13,Publications. The grantee must include acknowledgment of grant support from the Save
America's Treasures Program of the National Park Service,and a nondiscrimination statement in all publications
and videos assisted with grant monies and/or concerning NPS grant-supported activities. At least two copies of
cacti publication and video concerning NPS grant-assisted activities,or published Nvith NPS grant assistance,niust
be furnished to the NPS Grant Awarding Official within 30 calendar days of publication. All publications,
including video and audio tapes,must contain the following disclaimer and acknowledgement of NPS support.
Grant Agreement (Page 5 of B)
APPLICATION AND BUDGET CHANGESISPECIAL CONDITIONS
GRANT NUMBER: BEGINNING DATE: ENDING DATE:
3D-10-ML-2023 February 1, 2011 February 28, 2013
"This material is based upon work, assisted bv a grant from the Department of the Interior,National Park Service,
Any,opinions, findings,and conclusions or re'commendations expressed in this material are those of the author(s)
and do not necessarily reflect the view,, of the Department of the Interior." All consultants hired by the grantee
must be informed of this requirement, The National ParlService shall hAVe a ro)'alty-free rig hr to republish ani -
published material generated by this grant.
SP e ci al Condition#14 NiLt i�do f 11,qvm e i�it- Ali SF-?70, Reqiresqb i ldmnr or Rebab i m mil,must be faxed to
the NPS Grant Awarding Official for approval of payment requests. Upon approval of the payment request,
NPS will notifye the grantee by e-mail thar the payme'
lit request is qcceptable. The grantee must then log into
the SIB ARTLINK payment system and draw down funds- Attempts to draw down funds prior to NPS
approval will be denied b), the SMARTLINK Payment Management System.
NPS approval of payment requests is based on satisfaction of grant conditions and documentation that
matching funds have been expended at the same rate as federal funds are requested. The filial 151/0 of the
Federal grant will be held until all grant conditions are met,including submi,"ion of an acceptable Final
Project Report and exectited Preservation Fasement. Grant funds may be put on hold for delinquent projects.
All approved advance payments must be expended-within 30 days of the receipt of funds. An SF425,Fedewl
Fiiiamia)Report,must be completed and submitted to NPS ar the end of the 30 days documenting that the
advanced funds have been liquidated.
Special Condition #15,Anroved Budnt and.SCOM Of Work. 'I'licapproved Summary of ObjectiNTS and
Results to be performed with this grant-award is as folloNvs: rehabilitation of the Bozeman Historic District,in
accordance with the Secretary.-of the Interior's Sfandards.l�rtlje Ttralmenl q1*J-4&o;-ie Properties. Work includes:
a) Rehabilitation of;,elected b-ailding(s)in the National Register listed Bozeman fiiwtoric District
The approved Work-/Cost Budgetis summarized as follow-s-,
'Budget Item Federal Share Non-Federal Total
Personnel $ $
Fringe Benefits S
Consultant Fees, S S S
Travel&Per Diern S S
Supplies &- Nfaterials S
Equipment $
Construction/Conservation Materials &Labor $ 150,000 150,000 $ 300,000
Other(list items) $ - - $
TOTAL GRANT (including non-Federal matching share) $ 150X0 $ 150,000 $ 300,000
Grant Agreement(Page 6 of 8)
APPLICATION AND BUDGET CHANGEWSPECIAL CONDITIONS
GRANT NUMBER: BEGINNING DATE: ENDING DATE:
30.10-ML-2023 February 1,2011 February 28,2013
Sp t ecial Condion#16, PKtaMement Costs. Preagreement costs consist of grant-related costs incurred prior
o the Start dat ton
rhii grant agreement.Any pmagreernent costs incurred must be approved in"�vri6ng by
NPS and authorized to be charged to this grant in-accordance With OMB Circular A-87. Documentation of
these prex",ard costs must be retained for review by the grantee's financial audit.
S12e,cial Condition#17, NPS.C,oncur.re.nce LtIl Selection ofCons -it, must submit
splLlaf s. The grantee i
documentation oftr-sponses to its competitive selection process, alongvith its justification and resume(,,-,) for
which consultant(-,) selected for grant-assisted work, to the NPS Grant Avarding Official for approval. The
consultant(s) must have the requisite experience and training in historic preservation to oversee the
construction work to be performed and to manage this complex project. All consultants must be
competitively selected and documentation of this selection must be maintained by the grantee and be made
readily available for examination by the NPS Grant Awarding Official. Federal contracting and procurement
guidance can be found on the NPS's Save America's Treasures wcbsitc. Maximum hourly rates charged to
this grant may not exceed 120%of a Federal Civil Service GS-15, step 10 salary. Current salary table-,
can be found on the Office of Personnel and Nfanagement welisite: 'w",v.opmgov,
Special Condition#18, NPS Re-,,iew of Ll Laniani4ZDesJW_i Document% for Conformance to the Secretary of the
Interior's Standards." The grantee must submit two (2) Copies Of the following to the NPS Grant Awarding
Official:
• a site plan that has the north direction clearly marked
• 1 city,/county map Nvith the site of the property clearly labeled
• set of plans and specifications for the project
• photographs (or digital images) of all exterior elevations of the building or site, vith views identified
and oriented and keyed to the site plan. Instructions and an"Image Form" for submitting digital
images can be downloaded from the NPSs Save America's Treasures welisite.
llrtp://Nx,wA,k,.nps-gov/1-iistory/1-ips/tre:asures/grantees.htm.
• interior photographs of all major rooms and those involved in the project,labeled and keyed to a
floor plan [only if project is a building)
• any additional information that will better enable a technical review of the project to be completed.
TI-ir grantee inust submit documents for the entire kindertalLing to NPS for itsteview and approval to ensure
conformance with the Secretary'of the Interior's Standardi lb•the TF-eafiverl q1J1t.rt9n*e Propertie4 and with the
conditions listed in this Grant Agreenient,prior to the beginning of grant-assisted repair work on the property.
Work that does not soapy with these Standards in the judgment of NPS will not be reimbursed,and may
cause the grant to be terminated and funds deobligated,
Special Condition#19, C m fiance hancenlith Segfion 106 of the National Historic Preservation Act Pursuant to
Section 106 of the National Historic Preservation Act,NPS and the grantee must complete the consultation
process stipulated in the regulations issued by the Advisory Council for 1-iistoric Preservation in 36 CFR 800
prior to the conimencement of all grant-assisted construction or ground disturbance on the property. NPS
has initiated the Section 106 consultation process with the State Historic Preservation Officer(SHPO),by
notif�, g the SHPO of the grant and sending the SHPO a copy of the grant application. NI)Swill review the
documents submitted,and fwward a determination to the SHPO regarding the effect to historic properties.
All,,vritten comments received directly from the SHPO should be forwarded to the I\TPS Grant Awarding
Official. \X'hen all work fwaded under this grant has been completed, the grantee must submit a copy of the
0"R G 1 I TA
Grant Agreement(Page 7 of 8)
APPLICATION AND BUDGET CHANGESISPECIAL CONDITIONS
GRANT NUMBER: BEGINNING DATE: ENDING DATE-,
30-10-ML-2023 February 1, 2011 February 28,2013
Final Report and photographs (required under Special Condition#5 of this agreement) to the NI'Sto confirm
that aU vvork- was completed as agreed upon,
Special Condition#20,Requirement for-PrQject Si n. The grantee must erect and maintain a project sign at
the project site, 'Phis sign must: be of reasonable and adequate design and construction to withstand weather
exposure;be of a size that can be easily read from the public right-of-A-vay;and be maintained in place
throughout the project term as stipulated in This Grant Agreement. At minimum,the,sign must contain the
follo-%,-ing statement. "Construction of the fnarne of property] is being:supported in part by a Save America's
Treasures grant administered by the National ParkService,Department of the Interior," Additional
information briefly identifying the historical significance of the property,recognizing other contributors,or
use of the Save Americas Treasures logo is encouraged and permissible. 'Photographs of the sign must be
submitted to NI'S at the start of the construction process. The cost of fabricating and erecting this sign isan
eligible cost for this grant.
Special Condition#21,RequiL rnent for Executing Presmation basement_ T'lle,purpose of this grant is to
preserve liiglily significant historic properties for Future generations., Section 102(a)(5) of the N tional
Historic Preservation Act requires that HPF grantees must agree to assume,after the completion of die
project, the total cost of continued mainteuance,repair mid administration of the grant-assisted property in a
mannef satisfactory to the Secretary of the Interior.
Accordingly,the grantee must sign a Preservation Easement with the State Historic Prese.,vation Officer,or to
a nonprofit presexvation organization acceptable to NPS,hi the State where this property is located. The term
of the Easement must run for at least 50 Years from the end date of this:Grant Agreernent. The Easement
must be executed by registering it-svith the deed of the property. A draft copy of the Preservation
Easement must be submitted to the NPS Grant Awarding Official for review and comment within a
year of the beginning date of this agreement. Any revisions subsequently transmitted by NPS to the
grantee roust be incorporated into the Easement prior to the final release of funds by NPS.'
Attachment B
SAMPLE PRESERVATION EASEMENT/COVENANT
For a Save America's Treasures Grant to a Historic Subject Property
(Covenant may be substituted far Easement where deemed necessary throughout the document)
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 State
Historic Preservation Office/Other,as GRANTEE of the conservation easement(hereafter referred to as the
"Grantee"). This conservation easement agreement is entered under State Law/ReQuhrtion for the purpose of
preserving the Name o{Subject Property,a building that is important culturally,historically,and/or architecturally.
1. The Subject Property. This agreement creates a conservation easement in real estate legally described in
Exhibit A. The Subject Property is the site of the Name of Suhiect Property,located at_Street Addresc,City,
Countv,&State (hereafter referred to as die"Subject 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 Suhiect Properly.
3. Easement required for Federal grant. This conservation casement 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,in the State of in the United
States of America.
h. Documentation of condition of the Name of Subject Property 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 Subject Property,including significant interior elements in spatial
context,a list of character-defining materials,features,and spaces is incorporated as Exhibit`B"at the end of
this agreement. The Grantor has provided to the Grantee architectural drawings of the Subject Property. To
complement Exhibit"B",Grantee and/or the Grantor personnel have compiled a photographic record,including
photographer's affidavit,black and white photographs and negatives,or electronic image files saved as high
resolution images,photograph logs,and a keyed location map. The Grantor agrees that the nature and condition
of the Subject 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 Subject Property.
c. Duty to maintain the Subject Property. The Grantor agrees to assume the cost of continued maintenance and
repair of the Subject Property so as to preserve the architectural,historical,and/or archeological integrity of the
Subject Property and its materials to protect those qualities that made the Subject Property eligible for listing in
the National Register of Historic Places(or a Subject Property contributing to the significance of a National
Register listed Historic District)throughout the effective date of this Easement.
d. Restrictions on activities that would affect historically significant components of the Suhject Property_ The
Grantor agrees that no demolition,construction,alteration,remodeling,or any other activity shall be undertaken
or permitted to be undertaken on the Subject Property which would affect historically significant exterior
features or interior spaces identified as significant in Exhibit"A."Exterior construction materials,architectural
details,form,fenestration,scale,and mass should not be adversely affected nor the structural soundness or
setting altered without prior written permission of the Grantee affinning that such reconstruction,repair,
refinishing,rehabilitation,preservation,or restoration will meet The Secretary of the Interior's Standards far the
Treatment ofHistorie Properties(hereinafter referred to as the"Standards").
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 affrrnrina that such work will meet The Secretary of the Interior's applicable"Standards far Archeology
and Historic Preservation".
J_ 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 applicable 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. Puhlic 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 Subject 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 Subject Property may also be open at other times 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 Subject Property at all reasonable times,with twenty-four hours written notice,in order to ascertain
whether the conditions of this conservation easement agreement are being observed.However,in the case of any
natural or man-made disaster or imminent endangerment to the Subject Property the easement holder shall be
granted access to the Subject Property with no prior notice.
i. Anti-discrimination. The Grantor agrees to comply with Title VT of the Civil Rights Act of 1964(42 U.S.C.
2000d,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. Easentent 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 in part or in whole of
either the fee simple title or other lesser estate in the Subject Property,the Subject Property,or any part thereof.
k. Casually Damage or Destrucaon. Iu the event that the Subject 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 calendar 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 Subject 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 fi-om the Grantor. Tf after reviewing the condition of the Subject Property,the Grantee
determines that the features,materials,appearance,workmanship,and environment(or setting)which made the
Subject Property eligible for listing in the National Register of Historic Places have 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 Subject Property from the
National Register. If the Subject 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 or other actions of the Grantor or successor owner,then
the Grantee will initiate requisite legal action to recover,at a minimum,the Federal grant funds applied to the
Subject Property which will then be returned to the U.S.Government.
2
L Enforcement. The Grantee shall have the right to prevent and correct violations of the terms of this conservation
easement. If the Grantee,upon inspection of the Subject Property,finds what appears to be a violation,it may
exercise its discretion to seek injunctive relief in a court having jurisdiction. Exccpt when an ongoing or
imminent violation will irreversibly diminish or impair the cultural,historical and/or architectural importance of
the Subject Property,the Grantee shall give the Grantor written notice of the violation and allow thirty(30)
calendar 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 seek to obtain
an injunction to stop the violation,temporarily or permanently. A court may also issue a mandatory injunction
requiring the Grantor to restore the Subject 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 Subject Property to reimburse the Grantee and the State Attorney General for
all the State's expenses incurred in stopping,preventing,and/or 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. ENctive date,seve:-ability. This conservation easement shall become effective when filed by the Grantor 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.
n. Amendments. The parties may by mutual written agreement jointly amend this conservation easement,provided
the amendment shall be consistent with preservation purpose of this conservation easement and shall not reduce
the regulatory controls listed in the conditions of this conservation casement. 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 coup Comrry Recorder.
This instrument reflects the entire agreement of Grantor and Grantee regarding the subject easement.Any prior or
simultaneous correspondence,understandings,agreements,and representations are null and void upon execution of
this agreement,unless set out in this instrument.
In witness whereof,Grantor and Grantee have set their hands under seal on the days and year set forth below.
GRANTOR:
By:
Name and Title
STATE OF COUNTY,ss:On this day of 200 ,before me the
undersigned,a Notary Public for said State,personally appeared Name o(Person,to me personally known,who
stated that he is Title and Orranizatiotz,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
3
GRANTEE:
By:
Name and Title
STATE OF COUNTY,ss: On the day of ,200,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
4
EXHIBIT A TO THE CONSERVATION AGREEMENT
Legal description of the Subject Property Comment[MSOfFeel]:Note the should be the
Subject Property description found in the deed
5
EXHIBIT B TO CONSERVATION EASEMENT AGREEMENT
Baseline documentation_ — Comment[MSOffiee2]:Notc this is generally
Subject Property Name,City,State nmi-recordable
To remain eligible for listing on the National Register of Historic Places,a Subject Property must be able to convey
its significance.The following character-defining materials,spaces,and features have been identified as those that
help convey the significance of (Subject Property name).Also current photo documentation
and the narrative of the National Register nomination must be attached to the baseline documentation.
Significant Character Defining Interior Spaces and Features
Significant Character Defining Exterior Spaces and Features
6
EXHIBIT C TO CONSERVATION EASEMENT AGREEMENT
Written Documentation of the Signatories Authority to Sign for and Legally Bind their Organization __- Comment[MSOffice3]:Roard,City Council,
et,giving the signatory authority to grant the
easement.This is generally non-recordable.
RESOLUTION OF THE BOARD OF DIRECTORS OF
Insert Grantor Name Here
RESOLVED,that INSERT GRANTOR NAME HERE,a INSERT STATE non-profit corporation�(the — Comment[MSOffiee4]:change to reflect what
"Grantor")shall execute a conservation easement with INSERT GRANTEE NAME HERE,the INSERT STATE the Granb,r is if not a non-profs corporator.
State Historic Preservation Office(the"Grantee").This conservation easement will be entered under STATE
LAW/REGULATION for the pin pose of preserving the NAME OF SUBJECT PROPERTY,a building that is
important culturally,historically,and architecturally.
RESOLVED,that INSERT STGNATOREE to dwEASEMENT'S NAME as INSERT TITLE of INSERT
GRANTOR NAME HERE,is authorized,directed,and empowered to take such action and execute and deliver such
document in such form as he or she deems to be in the best interests of INSERT G"rRANTORNAME HERE,
including without limitation the execution and delivery of a conservation easement.
I,INSERT CHAIRMAN'S NAME HERE,Chairman of INSERT GRANTOR NAME HERE, do hereby
certify that the foregoing is a full,true and correct copy of the resolution of the Board of Directors of said
Corporation,duly and regularly passed by the Board of Directors of said Corporation in all respects as required by
law,and by the By-Laws of said Corporation,on the day of 20 ,at which time a majority of the Board
of Directors of said Corporation was present and voted in favor of said resolution.
Date
By:INSERT GRANTOR NAME HERE
By:
INSERT CHATRMAN'S NAME HERE,Chairman
7