Council On Historic Preservation

Advisory Council On Historic Preservation The Old Post Office Building 1100 Pennsylvania Avenue. NW. #809 Washington. OC 20004 PROGRAMMATIC AGREEMENT AMONG THE CITY OF ATLANTA, GEORGIA, THE GEORGIA STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON IDSTORIC PRESERVATION FOR THE IMPLEMENTATION OF THE SUMMERHILL REDEVELOPMENT PLAN ATLANTA, GEORGIA WHEREAS, the City of Atlanta, Georgia (City), proposes to assist in the implementation of the Summerhill Redevelopment Pian, adopted by the Atlanta City Council in October 1993, using financial assistance from the Community Development Block Grant Program (CDBG). Section 108 Loan Program, Economic Development Initiative Grant Program, and other programs administered by the Department of Housing and Urban Development (HUD); and, WHEREAS. the City has determined that the implementation of the Summerhill Redevelopment Plan will have an adverse effect on properties eligible for listing on the National Register of Historic Places and has consulted with the Georgia State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (Council) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 u.s.c. 470f); and, WHEREAS. the SumrnerhiU Urban Redevelopment Plan is to be phased over approximately ten yean. and will housing, economic development, street improvement. and related infrastructure projects with public and private monies; and,

2 WHEREAS, the City, in consultation with the Georgia SHPO and the Council, has established the area of potential effects for this undertaking, as defined in 36 CFR Section 800.2(c), to be the entire Summerhill Urban Redevelopment Area that is bounded by Interstate 20 on the North, Connally Street and Grant Terrace on the East, Ormond Street on the South, and Capitol A venue on the West; and, WHEREAS, the City, in accordance with 36 CFR Section 800.4(c), has partially identified historic properties located within the Summerhill Redevelopment Plan and will continue to consult with the Georgia SHPO to complete the identification and evaluation of historic properties within the undertaking's area of potential effects; and, WHEREAS, the City intends to use the provisions of this Progranunatic Agreement to address the applicable requirements of Section llo(b) ofnhpa, 16 U.S.C. 470h-3; and, WHEREAS, the Corporation for Olympic Development in Atlanta (CODA) and the Summerhill Neighborhood Development Corporation (NDC) participated in the consultation and have been invited to concur in this Memorandum of Agreement; NOW, THEREFORE, the City, the Georgia SHPO, and the Council agree that the Summerhill Urban Redevelopment Plan shall be implemented in accordance with the following stipulations in order to satisfy the City's Section 106 responsibilities for all individual undertakings included in the Plan. Stipulatio~ The City, in consultation with CODA and Summerhill NDC, vvill ensure that the following measures are carried out. I. IDENTIFICATION AND EVALUATION OF HISTORIC PROPERTIES A. The City, in consultation with the Georgia SHPO, shall review existing information which was collected as part of the identification and evaluation effort for the Summerhill Urban Redevelopment Plan undertaken from <Xtober 1994 through June 1995 to determine: 1. whether a comprehensive survey was completed for the entire Summerhill Redevelopment Area as defined in the Plan; 2. whether the historic context for the Summerhill Redevelopment Area has been adequately defined to facilitate the evaluation of historic properties; and 3. what additional documentation must be either collected or evaluated to complete

3 identification and evaluation of historic properties within the area of potential effects for this undertaking. B. Should the Georgia SHPO determine that additional information is required to complete the identification and evaluation effort, the City will develop, and submit to the Georgia SHPO for approval, a scope-of-work that outlines how it intends to complete the identification and evaluation of historic buildings and archeological sites located within Summerhill Redevelopment Area. The City will consider the previous identification and evaluation work completed for portions of Summerhill; the compromised integrity of the Summerhill Redevelopment Area resulting from previous development and transportation projects; the cultural value and historic significance of the area to the residents in particular, and the community in general; and, the amount of funds spent to date by CODA for consultants in developing the scope-of-work. C. The scope-of-work shall be completed by September 30, 1995, and implemented no later than No'l(ember 30, 1995. The additional historic properties identified and determined to meet the National Register Criteria shall be added to the list of historic properties included in the June 1995 Section 106 Case Report, prepared by CODA. H. DEVELOPMENT OF A IDSTORIC PRESERVATION PLAN A. The City, in consultation 'Nith the Summerhill NDC, the Atlanta Urban Design Commission's professional staff (AUDC), and the Georgia SHPO, shall develop a historic preservation plan that is consistent with the CounciJ,s Policy Statement on Affordable Housing and Historic Preservation, and used in conjunction with the Summerhill Urban Redevelopment Plan. The draft plan shall be developed by January 31, 1996, and submitted to the Georgia SHPO and the Council and other interested parties for review and comment The City shall take into account all comments received on the draft plan in finalizing the historic preservation plan. The final historic preservation plan shall be submitted to the Georgia SHPO for review and comment. B. To ensure that au developers that intend to undertake project activities are aware of the historic preservation values of Summerhill, design guidelines shall be developed as a component of the historic preservation plan to m.in.imize adverse effects on historic properties resulting from new construction, rehabilitation, and site improvement projects implemented as part of the Summerh.iU Urban Redevelopment Plan. l. The design guidelines vvill be based upon the recommended approaches in Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitatin& Historic Buildmp (Standards). 2. The design guidelines shall address issues such as siting of buildings. orientation entrances, setbacks, massing, architectural features, materials, landscape improvements, and parking.

4 3. The draft design guidelines shall be developed by January 31, 1996, and submitted to the Georgia SHPO arid other interested parties for review and comment. The City shall take into account all comments received while finalizing the design guidelines. The final design guidelines shall be submitted to the Georgia SHPO and the AUCD professional staff for review and comment. C. Upon completion of the historic preservation plan required pursuant to Stipulations ll.b, the City and Summerhill NDC shall ronsult with the Atlanta City Council regarding the amendment of the Summerhill Urban Redevelopment Plan of October 1993 to include these documents. The City will notify the Georgia SHPO and Council of the outcome of this consultation, and, as appropriate, provide the Georgia SHPO and the Council with a copy of the amended Plan. III. RECORDATION OF SUMMERHILL REDEVELOPMENT AREA A. In accordance with Section 11 O(b) of the National Historic Preservation Act, prior to the demolition of dilapidated buildings identified in the Summerhill Redevelopment Area the City shall ronsult with the Georgia SHPO to determine the level and type of photographic documentation required to document the existing appearance of the Summerhill neighborhood. Such documentation may include a historical narrative of the Summerhill neighborhood and photographs of the entire project area, streetscapes, and individual buildings and sites within the community. Photographic documentation shall include, at a minimwn: 1. Individually eligible buildings and those which are contributing elements of an historic district shall be photographed individually as well as part of a streetscape. Black and white large format photographs will be taken of exterior elevations, representative interior spaces, and significant interior and exterior features. Interior photographs shall be keyed to a floor plan and exterior views keyed to a site plan; and, 2. Photographs of individual buildings will be printed on 5" by 7"' archival quality, add free paper and will be indexed according to subject, date, photographers name, and frame number. Negatives shall be placed in acid free sleeves accompanied by a list describing each frame. B. Two copies of the documentation shall be prepared by the City. One set of original prints and the photograph's negatives shall be submitted to the Georgia SHPO for acceptance and retention in pennanent records. Upon acceptance by the Georgia SH:PO, the City shall use the second copy to develop an interpretive exhibit of the Summerhill Neighborhood in accordance with Stipulation X. C. The preparation of documentation may be phased within the Swnmerhill Redevelopment to facilitate the implementation of the Olympic-related project activities referenced in Stipulation XTI. The City shall notify the Georgia SHPO and the Council of its intent to phase the preparation of the documentation and the schedule for fulfilling this provision.

5 IV. PROPERTY ACQUISITION Ai'JD DISPOSITION A. The City and Sununerhill NDC shall immediately secure and protect all properties which they acquire under the Sununerhill Urban Redevelopment Plan, unless they have been condemned by the City and ordered to be demolished in thirty (30) days or less to remove an imminent threat to the health and safety of residents. B. The City and Summerhill NDC shall ensure that all historic properties that they acquire and intend to transfer, lease, or sale include preservation covenants, as appropriate, that ensure that the new property owner adheres to the applicable provisions of this Programmatic Agreement. I. The City shall forward the proposed covenants for the transfer, lease, or sale of historic properties acquired in the Summerhill Redevelopment Area to the Georgia SHPO for review and approval. If the Georgia SHPO recommends additional covenants, the City shall amend the legal instrument transferring the property accordingly. If the City determines that it cannot comply with the recommendations of the Georgia SH.PO, it will request the comments of the Council in accordance with Stipulation XIV. V. REHABILITATION A. The City shall ensure that the rehabilitation of historic properties located within the Summerhill Redevelopment Area adheres to the Standards and the design guidelines for the Summerhill Urban Redevelopment Project required in Stipulation II.B. B. The City shall submit final plans and specifications for the rehabilitation projects to the A UDC professional staff for review and approval. C. If the AUDC.professional staff determine, following consultation with the project developer. that the Standard.!& and design guidelines cannot be met, the City shall forvvard appropriate background documentation to the Georgia SHPO which summarizes the treatments that were considered; the cost of various treatments; the recommended treatment; an~ options that may be explored if the project is not implemented. l. If the Georgia SHPO approves the treatment plan, the Georgia SHPO shall execute a Mitigation Agreement that outlines the acceptable treatment plan for the historic property. The City must sign the Mitigation Agreement and obtain the concurrence of the developer within fifteen (15) days after receipt of the document. The original Mitigation Agreement shall be returned to the Georgia SHPO and a copy forvvarded to the Cou.ndl. The City shall take appropriate actions to ensure that the rehabilitation project is implemented in accordance with the terms of the Mitigation Agreement.

6 2. If the Georgia SHPO objects to the proposed treatment plan, the City shall consult further with the Georgia SHPO to develop an acceptable plan. If the City and Georgia SHPO cannot agree on a treatment plan, the City shall request the comments of the Council in accordance with Stipulation XIV. VI. RELOCATION OF IDSTORIC PROPERTIES A. Upon execution of this Programmatic Agreement, the City sbalj review the Proposed Land Acquisition and Disposition Plan for the Summerhill Urban Redevelopment Project, prepared by Design and Common Sense, Inc. and dated August 16, 1993, to determine the status of the acquisition of vacant parcels, tax delinquent properties, and dilapidated buildings and to assess the structural condition of each building. The City shall forward a status report to the Georgia SHPO summarizing the addresses of parcels and address acquired as of July 1995. B. Prior to the demolition of historic properties or contributing buildings within historic districts located in the Summerhill Redevelopment Area that are determined to be structurally sound, the City will explore the feasibility of relocating these buildings to vacant lots within historic districts or adjacent to individually eligible historic properties. C. The City, in consultation with the Summerhill NDC, shall recommend to the Georgia SHPO, those historic properties which it owns that it believes can be relocated and marketed for rehabilitation. In addition, the City shall develop a p~ss for evaluating the feasibility of relocating other historic properties that it may acquire in the future. The process shall take into account the structural condition of historic properties, the estimated cost of relocation and rehabilitation, market conditions, and, whether relocation is consistent with the program goals for specific areas of Summerhill. D. Vlhen the City, in consultation with the Georgia SHPO, determines that an historic property shall be relocated, the City shall afford the Georgia S.HPO an opportunity to comment on the new site. Prior to moving the historic property, the City shall ensure that it bas been recorded in accordance with Stipulation m. The City shall ensure that the property is moved in accorda!:lce with the approaches recommended in Movioag Historic BuiJdlDp (John Obed Curtis, 1979), a professional mover with the capability to mover historic structures properly. E. The City shall properly secure the historic property once relocated, and consult with Summerhill NDC to determine what actions can be taken to place the property on a priority list for sale or lease and rehabilitation.

7 YH. DEMOLITION A. Ernergeocv Demolition l.the City may proceed with the emergency demolition of historic properties located within the Summerhill Redevelopment Area if the property has been condemned by the City and ordere4 to be demolished in thirty (30) days or less to remove an imminent threat to the health and safety of residents. 2. The City shall notify the Georgia SHPO of all such demolitions and submit to the SHPO appropriate background documentation that verifies the emergency nature of the proposed demolition. Within seven days, the Georgia SHPO shall advise the City what, if any, mitigation measures should be implemented prior to demolition. The City shall ensure that any mitigation measures recommended by the Georgia SHPO are implemented, if feasible. 3. If the Georgia SHPO fails to respond within the seven day period, the City may assume concurrence and proceed with demolition. B. Non-Emergency Demolition 1. Prior to the demolition of historic properties acquired as part of the Summerhill Urban Redevelopment Plan or owned by the City and developers, the City shall forward documentation to the Georgia SHPO for each historic property proposed for demolition, to include the reason for demolition, a recent structural report, a summary of alternatives considered, future plans for the site, the proposed mitigation plan, and the views of the public. 2. If the Georgia SHPO does not object to the proposed demolition, the City, in consultation vvith the Georgia SHPO. shall execute a :Mitigation Agreement that outlines the appropriate mitigation measures for the demolition. Mitigation measures shall include, but not be limited to, recordation, architectural salvage, and the review of funue development plans for the cleared parcel(s). Once the City and Georgia SHPO have signed the Mitigation Agreement, the City shall obtain the conc1.1.ffence of the developer. and forward a copy to the CounciL The City shall take appropriate actions to ensure that the terms of the Mitigation Agreement are satisfactorily met. 3. If the Georgia, SHPO objects to the proposed demolition project, the City shall consult further with the Georgia SHPO to explore alternatives. If the City and Georgia SHPO cannot reach agreement. the City shall request the comments of the Council accordance with Stipulation XIV.

8 4. The non-emergency demolition of historic properties shall not be initiated until the City has executed a Mitigation Agreement with the Georgia SHPO or received recommendations from the Council. VIII. NEW CONSTRUCTION Al'W SITE IMPROVEI\fENT PROJECTS A. The City shall ensure that the design of new construction and site improvement projects adheres to the Standards and the design guidelines for the Summerhill Urban Redevelopment Project required in Stipulation II.B. The City and developer shall consult with the Georgia SHPO, or his designee, during the schematic and preliminary design phases of project planning for projects located within a historic district or adjacent to historic properties to ensure that the design guidelines have been properly applied. B. The City shall ensure that plans for new construction include appropriate landscaping treatments to minimize the visual impact of new construction proposed for parcels adjacent to historic properties or located within historic districts. Landscaping treatments shall be included in the plans and specifications submitted to the Georgia SHPO in accordance with Stipulation VIII. C. C. The City shall submit plans and specifications to the Georgia SHPO for review and approval by at least the 65% stage of preparation of construction drawings and prior to the initiation of construction activities. Should the Georgia SHPO object to the plans and the City and developer detennine that they cannot modify the plans to address the Georgia SHPO's objection, the City shall request the comments of the Council in accordance with Stipulation XIV. IX. TREATMENT OF ARCHEOLOGICAL PROPERTIES A. The City,~, ~~~loj»:.i'~ design for the compre~ive identification. evaluation. and ~very of archoof61fcil1k0urces'withili the. Summerhill Redevelopment Ar&_ The City. in consultation with the Georgia SHPO, shall develop the scope-of-work for the research design utilizing preliminary findings in the Histone Land Use and Archeological Potential of the Summerhill Redevelopmezat Area, prepared by Brockington and Associates and dated June 199 S. The City shall not authorize preparation of the research design until the Georgia SHPO approved the scope-of-work. B. The City shall ensure that the research design is consistent with the Secretary tbe Interior's Standards and Guidelines for Archeological Documentation (48 FR 44734-37) and takes into account the Council's publication, Treatment of Arebeolo&ieal Properties, subject to any pertinent revisions. The research design shall specify, at a m..in.imum:. 1. the methodology for completing the contextual studies to refine predictions on locations of potential archeological sensitivity;

9 2. the justification of the need to verify assumptions made in the contextual studies; 3. the appropriate strategy and field testing methodology to be undertaken to determine site characteristics and the degree of site integrity and disturbance; 4. the methodology for applying the National Register criteria to archeological sites to determine their eligibility; 5. the development of an adequate sample of archeological data from sites determined eligible for the National Register; 6. the research questions to be addressed through data recovery, with an explanation of their relevance and importance; 1. the methods to be used to allow adequate flexibility for addressing unanticipated resources, site conditions, and alternative methods, with an explanation of their relevance to the research questions; 8. the methods to be used in analysis, data management, and dissemination of data, including a schedule; 9. a schedule for submission of progress reports to the Georgia SHPO; 10. proposed methods for disseminating results of the work to interested public. C. The data recovery plan for Summerhill Urban Redevelopment Project may include monitoring, where appropriate. The use of this method will be subject to a approval by the Georgia SHPO. D. Upon approval of the research design by the Georgia SHPO, the City shall implement it prior to the initiation of ground disturbance activities proposed as part of the Summerhill Urban Redevelopment Pl~ vvith the ex~ption of~?se,referenced~ S~p~~on,XIJ.B. E. The City shall ensure that au materials and records resulting from archeological investigatiods and data recovery are curated in accordance with 36 CFR Part 79. F. The City shah ensure that au final archeological reports resulting from actions to Programmatic Agreement shall be provided to the Georgia SHPO and to interested parties upon their request. The City shall ensure that all such reports adhere to contemporary professional standards, and to the Department of the Interior's Format Standards for Repom of Recovery (42 FR 5377-79).

X. DEVELOPMENT OF AN INTERPRETIVE EXHIBIT 10 A. The City shall develop an interpretive exhibit of the history of the Summerhill Neighborhood using the documentation developed in accordance with Stipulations III and IX. The City, in consultation with the Summerhill NDC, shall prepare historical narratives and oral histories about the lifestyles, traditions, and culture of Summerhill and the significant historical events which occurred in the community. The City shall develop this information following appropriate research on the history of Summerhill and after conducting interviews with long-term community residents. Old photographs of the Summerhill Neighborhood shall be collected as part of this effort 1. The City shall prepare a scope-of-work for the interpretive exhibit, and submit it to the Georgia SHPO for review and comment by January 31, 1996. B. The City shall use the documentation developed in accordance with Stipulation X.A. to develop a brochure or similar publication to commemorate the history of Summerhill. The publication should be made available to the local historical and preservation organizations and to the Atlanta Board of Education. As appropriate, this information shall be used to develop walking tours of the Summerhill and to develop an educational module for use by the Atlanta Board of Education and other interested parties. C. The City, in consultation with Summerhill NDC, shall ensure that the interpretive display is located in an accessible location within the Summerhill Neighborhood, preferably within an historic building, or at Founders Park. XI. SITE PREPARATION AND INFRASTRUCTURE ACTIVITIES The City shall initiate site preparation activities associated with the Olympic related activities outlined in Stipulation XII. to include tank removal, remediation of hazardous materials in historic buildings and infrastructure development, upon execution of the this Programmatic Agreement pro'\-jded that such activities do not prevent the City from fulfilling the terms of this Agreement XIl. COORDINATION OF OL YM:PIC RELATED ACTMTIES A. The City may proceed with Olympic related project activities proposed as part Swnmerhill Urban Redevelopment once it has complied with the provisions set forth in Stipulations X.II.B and C. The City shall coordinate the Section 106 review for all other not specifically referenced in Stipulation XII.B and C in accord.aru:e with the terms of the Programmatic Agreement

11 B. Implementation oftbe Geor~ia Avenue Streetscape Improvement Project: the Geor~ia Avenue Grocezy Store Project: Greenlea Commons North. Phase II Project: Reed Street Extension and Founders Park Projects: the GleM Street Extension Project. and. the Terry Street Project 1. The City may demolish the historic properties located within each of these project areas. Prior to the.initiation of demolition activities, the City, in consultation with the Georgia SHPO, shall develop a mitigation plan that outlines the type and level of documentation required for historic properties within the project area, the need for a salvage plan for significant architectural elements, and the meth~ology for monitoring demolition and construction activities to determine the need for data recovery of National Register eligible sites. The City shall forward the mitigation plan to the Georgia SHPO for review and approval. The Georgia SHPO shall provide written comments within ISdays following receipt of adequate documentation. 2. If the Georgia SHPO approves the mitigation plan, the City and the Georgia SHPO shall execute a Mitigation Agreement that is concurred in by the Summerhill NDC and developer, as appropriate. The City shall forward a copy of the executed Mitigation Agreement to the Council. B. Greenlea Commons South 1. The City shall consult with the Georgia SHPO to detennine whether structurally sound historic properties located within the project area which should be relocated rather than demolished. If properties are identified for relocation, the City shall develop a relocation plan consistent with Stipulation VI. 2. The City may proceed with the demolition of historic properties that the City and Georgia SHPO agree should not be relocated. Prior to the initiation of project activities, the City, in consultation with the GeOrgia SHPO. shall develop a mitigation plan that outlines the type md level of documentation required for historic properties within the project area, the need for a salvage plan for significant architectural elements,.~. methodology for monitoring demolition and construction activities to determine the need for ~ ~~~oinitiomi Rei(Siei e.ugible sites. The City shall forward the mitigation ptan'"'tothe GeOrgia SHPO,for review and approval. The Georgia SHPO provide written comments within 1 5-days following receipt of adequate documentation. 3. The City shall involve the Georgia SHPO in the evaluation of alternative designs the Greenlea Commons South Project. The City shall ensure that the design of new construction includes materials, architectural features, colors, and landscaping plans which are compatible with the overall character of Summerhill and adheres the Standard!!!. The City shall submit preliminary and final plans and specifications to Georgia SHPO for review and comment. A.s appropriate, the City and Georgia SHPO

12 shall include mitigation measures for the design of Greenlea Commons South into the mitigation plan prepared for this project. 4. If the Georgia SHPO approves the mitigation plan, the City and the Georgia SHPO shall execute a Mitigation Agreement for the Greenlea Commons South Project that is concurred in by the Summerhill NDC and developer, as appropriate. The City shall forward a copy of the executed Mitigation Agreement to the Council. XIII. PUBLIC PARTICIPATION A. The City, in consultation with the Summerhill NDC, shall notify residents of the community and other interested parties who have requested to be apprised of activities related to the Section 106 review process of development and adoption of the historic preservation plan for the Swnmerhill Urban Redevelopment Project pursuant to Stipulation II. The City shall conduct at least two meetings within the community by June 1996 to inform the public of how historic preservation will be integrated into the implementation strategy of the Summerhill Urban Redevelopment Project. B. The City shall provide the Georgia SHPO and the Council with a work plan for how it will comply with Stipulation Xlll.A and keep the community and interested parties informed of activities covered under the terms of this Programmatic Agreement. The City shall forward the work plan to the Georgia SHPO and the Council for review and comment by October 31. 1995. Any comments provided by the Georgia SHPO and the Council shall be taken into account by the City, and the work plan shall be modifi~ as appropriate. XIV. DISPUTE RESOLUTION A. Should any party to this Programmatic Agreement object within 30 days to any of the plans and documents required pursuant to the terms of the Programmatic Agreement, the City shall consult with the objecting party to resolve the objection. If the City determines that the objection cannot be resolved through consultation, the City shall forward all documentation relevant to dispute to the CounciL Within 30 days after receipt of pertinent documentatio~ the Council shall exercise one of the following options: 1. Advise the City that the Council concurs with the City's proposed final decision, whereupon the City will respond to the objection accordingly; or 2. Provide the City with recommendations which the City, in consultation with Summerhill NDC. shall take into account in reaching.a fin.al decision response to the objection. its

B. Should the Council fail to exercise one of the options set forth in Stipulation XIV.A within thirty (30) days after receipt of pertinent docwnentation, the City may asswne the Council's concurrence in its proposed response to the objection. C. The City's responsibility to carry out all actions under the Programmatic Agreement that are not the subjects of the dispute will remain unchanged. 13 D. Should an objection pertaining to this Programmatic Agreement be raised by a member of the public at any time during the implementation of the terms of this Programmatic Agreement, the City shall notify the signatories to this Agreement and take the objection into account. The City shall be available to consult with the objector, should they so request, and with any of the signatories to this Agreement to resolve the objection. XV. SECTION 106 COMPLIANCE FOR OTHER FEDERAL ACTMTIES A. The City can satisfy its Section 1 06 compliance responsibilities for all future HUD-assisted activities proposed for the Summerhill Urban Redevelopment Plan, but not specifically referenced in this Programmatic Agreement, by notifying the Georgia SHPO and Council upon receipt of such funds and adhering to the terms of this Agreement., B. In the event that the City receives assistance fr9m other Federal agencies for the implementation of the Summerhill Urban Redevefopment Plan or the City determines that.. Federal licenses, permits, or approvals are required, the Federal agency(ies) can fulfill their Section 106 compliance responsibilities by accepting the terms of this Programmatic Agreement and specifying that satisfactory fulfillment of the terms of this Agreement is a condition of any loan or grant agreements or approvals between the Federal agency(ies) and the City. C. The City or Sununerhill NDC shall advise the Federal agency(ies) of the existence of this Programmatic Agreement early in the application process for additional funds, licenses, permits, or approvals. Likewise, the City shall also notify the Georgia SHPO and the Council upon application for any Federal assistance, licenses, permits, and approvals. D. If the Federal agency(ies) determines that it will fulfill its Section 106 compliance responsibilities by accepting the terms of the Programmatic Agreement, the Federal agency(ies) shall notify the Georgia SHPO and Council in writing of said acceptance at least thirty (30) days prior to the release of funds or issuance of licenses, permits, or approvals. E. If the Federal agency(ies) decline to accept the terms of the Programmatic Agreement or determine that it can comply with only certain provisions of the Agreement, the Federal agency(ies) may request an amendment to the Programmatic Agreement for its specific undert.ak.ing in accordance with Stipulation XVI.E.

XVI. ADMINISTRATIVE STIPULATIONS A. Qualified Personnel 14 The City shall ensure that all activities regarding historic properties, and the interpretation of such properties, are undertaken pursuant to this Programmatic Agreement are carried out by, or under the direct supervision ofperson(s) meeting at a minimum, the Secretary of the Interior's Professional Qualifications Standards (48 FR 44738-9) that are related to the specific historic property type being reviewed or affected. However, nothing in this stipulation may be interpreted to bar the City or any agent or contractor of the City to utilize the properly supervised services of employees and volunteers who do not meet the above standards. B. Modifications to Approved Project Docwnents 1. The City shall take appropriate actions to ensure that developers and project sponsors do not alter any plan, specifications, scope-of-work, or other document that has been reviewed and commented on pursuant to the terms of this Programmatic Agreement, except to finalize documents commented on in draft, without first affording the Georgia SHPO and Council, as appropriate, the opportunity to review the proposed change. 2. Should the Georgia SHPO object to the proposed change, the City shall comply with the provisions set forth in Stipulation XIV. C. Duration of the Prowammatic Agreement 1. This Programmatic Agreement shall remain in force through the completion of the Summerhill Urban Redevelopment Plan or the YeM 2005, whichever comes first. 2. If the City and the Summerhill NDC do not implement any project activities associated with the Summerhill Urban Redevelopment Plan for a period of three years or more, the City shall review the Programmatic Agreement to determine whether revisions are needed. If revisions are need~ the City will contact the Georgia SHPO and re-initiate the consultation process in accordance with 36 CFR Section SOO.S(e). D. Annual Reports and Reviews 1. Unless otherwise agreed to by the Georgia SHPO and the Council, the City shall prepare annual status reports each September, commencing in September 1996, for the Georgia S.HPO and the Council that address the following topics. a) Actions taken by the City, CODA. and the Summerhill NDC to comply with the terms of the Programmatic Agreement;

IS b) A swnrnary of projects that were initiated as part of the Summerhll Urban Redevelopment Plan; and, c) An overview of how historic preservation objectives were achieved through the implementation of specific projects. 2. The City shall ensure that its annual reports are made available to the public in a manner agreed to by the Georgia SHPO, and that interested members of the public are invited to provide comments to the City, Georgia SHPO, and the Council. 3. The Georgia SHPO and the Council shall review the semi-annual reports and provide comments to the City within 30-days following receipt of the documents. At the request of any of the signatories to the Programmatic Agreement, a meeting or meetings will be held to resolve questions or to resolve comments that are adverse. 4. Based upon the semi annual reviews, the signatories will determine whether the Programmatic Agreement will continue in force, be amended, or be terminated. E. Amendments Any signatory to this Programmatic Agreement may propose to the City that the Agreement be amended, whereupon the City shall consult with the other parties to this Agreement to consider such an amendment. The City shall adhere to the procedures set forth in 36 CFR Section 800.5(e)(S) to execute such an amendment. F. Ieoninations l. If the City determines that it cannot implement the terms of the Programmatic Agreement, or if the Georgia SHPO or the Council determine that the Agreement is not being properly implement~ ~e City, Georgia SHPO, or the Council may propose to the other parties to this Agreement that it be terminated. 2. The party proposing the tmnination shah notify au parties to the Programmatic Agreement the reasons for termination and provide at least thirty (30) days to consult and seek alternatives to termination. Should SU<.:b consultation be unproductive and the Programmatic Agreement terminated, the City shall comply with 36 CFR Part 800 and submit individual projects for review in accordance with Stipulation XVI.G. G. Failure to Cany out the Terms of the Prowmmatic Agreement the event that the City does not carry out the terms of this Programmatic Agreement or Agreement is ter:minated in accordance with Stipulation XVI.F. the City will ""'"".u..,.

CFR Sections 800.4 through 800.6 \\<ith regard to individual undertakings covered by this Agreement. 16 Execution and implementation of this Programmatic Agreement evidences that the City has afforded the Council a reasonable opportunity to comment on the Summerhill Urban Redevelopment Plan and that the City has taken into account the effects of the Summerhill Urban Redevelopment Plan on historic properties. ADVIS~ ON HIST:r:LSERVATION By: /-. LfJ s. ~ Date: Executive Director Date:{i!!d r ( GEORGIA STATE HISTORIC PRESERVATION OFFICE By:.I"N\a.~ ~ ~ State Historic Preservation Officer Date:. Concur: CORPORATIONd<:CDEVELOPMENTINATLANTA By: tt~ ~~ --... Date: r/1 /<is- President/CEO I I SUM:MERIDLL NEIGHBORHOOD DEVELOPMENT CORPORATION By:~C!._L')~ ditle: