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Home My WebLink Aboutbocc.res.036.2005 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING PITI(IN COUNTY TO ACCEPT THE TERMS OF A MEMORANDUM OF AGREEMENT AMONG THE INTERNAL REVENUE SERVICE, THE COLORADO STATE HISTORIC PRESERVATION OFFICER AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION CONCERNING THE REDSTONE CASTLE RESOLUTION #~0.~g -2005 RECITALS WHEREAS, Pitkin County was involved in negotiations for the preservation of the Redstone Castle pursuant to § 106 of the National Historic Preservation Act; and WHEREAS, the negotiations among the parties were successfully completed and are memorialized in the Memorandum of Agreement attached hereto, NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair (or Chair's designee) shall be authorized to execute the Memorandum of Agreement, authorizing Pitkin County to accept the terms as set forth. INTRODUCED, FIRST READ, AND ADOPTED AT THE REGULAR MEETING ON THE 13TM DAY OF APRIL 2005. /AT~EST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti-Kay Clapper, Chair Date: Oc/- 2/A ~5 APPROVED AS TO FORM: Hilary Fletcher Smith Assistant County Attorney County Maclarger MEMORANDUM OF AGREEMENT AMONG THE INTERNAL REVENUE SERVICE, THE COLORADO STATE HISTORIC PRESERVATION OFFICER, AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION CONCERNING THE REDSTONE CASTLE, PITKIN COUNTY, COLORADO WItEREAS, the Internal Revenue Service-Criminal Investigation, Asset Forfeiture Unit [IRS] has taken custodial possession by Court order (United States District Court for the District of Colorado, Civil Action NO. 03-RB-0385 (CBS) and United States District Court for the Southern District of Florida Civil Action NO. 01-8328-CIV-RYSKAMP) of the Redstone Castle; Carriage House, Hose House, Garden Shed, Gazebo and other outbuildings [Buildings]; and approximately 150 acres of property surrounding the Castle and Buildings, and intends to dispose of these properties by Court order [Undertaking]; and WltEREAS, the IRS has determined that the Redstone Castle is listed on the National Register of Historic Places (NRHP) and that the Buildings and approximately 150 acres of surrounding land that belonged to the original John C. Osgood estate are part of the Redstone National Historic District; and WHEREAS, the IRS has determined that this Undertaking will have an effect on the Redstone Castle, Buildings, and approximately 150 acres of surrounding land and has consulted with the Colorado State Historic Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) pursuant to Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. §§470f, 470h-2, and the implementing regulations, 36 CFR Part 800, to resolve the possible effects on historic properties; and WHEREAS, Colorado Preservation, Inc., the National Trust for Historic Preservation; the Redstone Historical Society; West Elk Loop Scenic & Historic Byway Crystal River Chapter; the Crystal Valley Environmental Protection Association; and the Redstone Community Association have participated in this consultation and are invited to concur in the agreement; NOW, THEREFORE, the IRS, SHPO, and ACHP agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties. STIPULATIONS The IRS shall ensure that the following measures are carried out: I. Preservation Restrictions The IRS shall execute a conservation easement by conveying an easement to the Colorado Historical Foundation on the Redstone Castle, specific interior spaces of the Castle, Cartage House, Hose House, Garden Shed, Gazebo, a portion of the surrounding land, and the historic landscape features located on the surrounding land. This conservation easement will be recorded in the property records of Pitkin County prior to the recording of any grant by the 1RS of any interest in the easement property to a third party. II. Photographic Documentation In addition to any photographs that the IRS delivers to the Colorado Historical Foundation to be included within the recorded easement, the IRS shall in addition photograph all of the exterior facades of ail buildings, structures, and landscaping features on the entire 150 acres of surrounding land regardless of whether the buildings, structures and landscaping features are subject to the easement, as follows. The properties shall be photographically documented in accordance with Level II Documentation requirements, as defined in "Historic Resource Documentation: Standards for Level I, II, and III Documentation, Office of Archaeology and Historic Preservation, Colorado Historical Society, October 1988 (OAHP1595). No written historical narrative or drawings of the property are required as part of this documentation. Photographic documentation shall be submitted to the SHPO for review and approval by May 1, 2005. Final copies of the documentation will be submitted to both the SHPO and Redstone Historical Society no later than 2 months following the SHPO's approval of the photographic documentation. III. Other Documentation -None required. The parties agree to waive any requirements under Section 110(b) of the NHPA that the IRS may have had to record the property since the property will not be substantially altered or demolished as a result of the IRS's disposal action. Additionally, the inclusion of preservation restrictions in the transfer documents should limit future modifications to the property. iV. Dispute Resolution Should the SHPO or ACHP object in writing to the IRS regarding how the proposed Undertaking is carried out or the manner in which the terms of this MOA have been followed, the IRS shall consult with such party to resolve the objection. If the IRS determines that the objection cannot be resolved, the IRS shall forward all documentation relevant to the dispute to the ACHP, including the IRS's proposed response to the objection. Within 30 days after receipt of all pertinent documentation, the ACHP will: 1. Advise the IRS that it concurs with its proposed response whereupon the IRS shall respond to the objection accordingly; or 2. Provide the IRS with recommendations pursuant to 36 CFR §800.2(b)(2) which the IRS shall take into account in reaching a final decision regarding the dispute; or 3. Notify the IRS that it will comment pursuant to 36 CFR §800.7(c) and proceed to comment on the subject in dispute. Should the ACHP not exercise one of the above options within 30 days after receipt of all pertinent documentation, the IRS may assume that the ACHP concurs in the proposed response to the objection. The IRS shall take into account the ACHP's recommendation or comment provided in accordance with this stipulation with reference only to the subject objection, and the 2 COLORADO HISTORICAl. SOCIETY The Colorado History Museum RECEIVED APR 0 7 2005 Pffi(IN COUNIY ATTORNEY 1300 Broadway Denver, Colorado 80203~2137 April 4, 2005 Lee Keatinge Advisory Council on Historic Preservation 12136 West Bayaud Avenue, Suite 330 Lakewood, Colorado 80228 Darrell Munsell Redstone Historical Society P.O. Box 1485 Carbondale, Colorado 81623 James LJndberg and Amy Cole National Frust for Historic Preservation 535 16t~ Street, Suite 750 Denver, Colorado 80202 Chris S.ldin Pitkin County Ai~orney's Office 530 E. Main Street, Suite 301 Aspen, Colorado 81611 Mark Rodman Colorado Preservation, Inc. 1900 Wazee Street, Suite 360 Denver, Colorado 80202 John R. Harrison Internal Revenue Service Public Information Officer P. O. Box 2568 Grand Junction, Colorado 81502 Peter Martin 0102 Firehouse Road Redstone, Colorado 81623 Crystal Valley Enviromental Protection Association 172 North Bill Creek Road Carbondale, Colorado 81623 James Russell, Esq. United States A~orney's Office 1221 17tl~ Street, Suite 700 Denver, Colorado 80202 Redstone Community Association c/o Susan McEvoy Redstone Inn P.O. Box 1868 Redstone, Colorado 81623 Dave Robe.s Nmional Park Service 24465 South Townsend Avenue Montrose, Colorado 81401 Lysa Wegman-French National Park Service 12795 West Alameda Parkw~'le P. O. Box 25287 Denver, Colorado 80225-0287 Lane lttelson Colorado Historical Foundation 770 Pennsylvania Avenue Denver, Colorado 80203 RE: Redstone Castle Memorandum of Agreement Ladies and Gentlemen: Enclosed are the signature pages to the Redstone Castle Memorandum of Agreement (MOA), Please let me know if you have any questions or would like me to email you the final version of the MOA. Sincer~J~' / ~ Dan W, Corson Intergovernmental Services Director (303) 866-2673 dan.corson(a.,chs.state.co.us Enclosures IRS's responsibility to carry out all actions under this MOA that are not the subject of the dispute remain unchanged. V. Amendments Any signatory to this MOA may propose to the IRS that it be amended, whereupon the IRS shall consult with the other signatories to consider such an amendment. 36 CFR §800.6(b)(7) shall govern the execution of any such amendment. VI. Termination If any signatory determines that the terms of this MOA cannot be or are not being carried out, the IRS shall consult to seek amendment of the MOA. If this MOA is not amended, any signatory may terminate it, and the IRS shall either execute an MOA with the signatories under 35 CFR §800.6(c)(1) or request the comments from the ACHP under 36 CFR §800.7(a). If the IRS should lose jurisdiction over the Redstone Castle property as a result ora court order in Civil Action No. 03-RB-0385 (CBS) or Civil Action No. 01-8328-CIV-RYSKAMP, the IRS may terminate this agreement by notifying all parties in writing. VII. Duration This agreement shall be in effect until May 31, 2005 unless terminated or amended as set forth above. EXECUTION of this Memorandum of Agreement by the IRS, the SHPO, and the ACHP and implementation of its terms evidences that the IRS has afforded the ACHP an opportunity to comment on the planned disposal of the Redstone Castle and associated historic properties and the potential effects on historic properties and that the IRS has taken into account the effects of the Undertaking on historic properties and satisfied its responsibilities under Section 106 of the National Historic Preservation Act. The parties agree that this agreement can be signed in counterparts. INTERNAL REVENUE SERVICE TDeerr~verL.F~.~ SdceeCial Agent in Charge COLORADO STATE HISTORIC PRESERVATION OFFICER ~Georgianna (fi~ontiguglia State Historic Preservation Officer 3 f IRS's responsibility to carry out ali actions under this MOA that are not the subject of the dispute remain unchanged. V. Amendments Any signatory to this MOA may propose to the IRS that it be amended, whereupon the IRS shall consult with the other signatories to consider such an amendment. 36 CFR §800.6(b)(7) shall govern the execution of any such amendment. VI. Termination If any signatory determines that the terms of this MOA cannot be or are not being carried out, the IRS shall consult to seek amendment of the MOA. If this MOA is not amended, any signatory may terminate it, and the IRS shall either execute an MOA with the signatories under 35 CFR §800.6(c)(1) or request the comments from the ACHP under 36 CFR §800.7(a). If the IRS should lose jurisdiction over the Redstone Castle property as a result of a court order in Civil Action No. 03-RB-0385 (CBS) or Civil Action No. 01-8328-C1V-RYSKAMP, the IRS may terminate this agreement by notifying all parties in writing. VII. Duration This agreement shall be in effect until May 31, 2005 unless terminated or amended as set forth above. EXECUTION of this Memorandum of Agreement by the IRS, the SHPO, and the ACHP and implementation of its terms evidences that the IRS has afforded the ACHP an opportunity to comment on the planned disposal of the Redstone Castle and associated historic properties and the potential effects on historic properties and that the IRS has taken into account the effects of the Undertaking on historic properties and satisfied its responsibilities under Section 106 of the National Historic Preservation Act. The parties agree that this agreement can be signed in counterparts. INTERNAL REVENUE SERVICE Terry L. Stuart, Special Agent in Charge Denver Field Office Date: COLORADO STATE HISTORIC PRESERVATION OFFICER By: ,~*, ~SltVl~VS ff ~'~ Georgianna Contiguglia State Historic Preservation Officer Date: 3 ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: John M. Fowler Executive Director CONSULTING PARTIES COLORADO PRESERVATION~ INC. By: Date: Mark Rodman Executive Director NATIONAL TRUST FOR HISTORIC PRESERVATION By: Date: Barbara Pahl Director, Mountains/Plains Office Patti Kay Clappe{,J Chair REDSTONE HISTORICAL SOCIETY By: Date: Dan'el Munsell President WEST ELK LOOP SCENIC & HISTORIC BYWAY CRYSTAL RIVER CHAPTER By: Date: Dave Roberts Executive Director CRYSTAL VALLEY ENVIRONMENTAL PROTECTION ASSOCIATION By: Date: Michael Mechau Executive Director 4 REDSTONE COMMUNITY ASSOCIATION By:. Date: Lauren Taylor President ADVISORY COUNCIL ON I~STORIC PRESERVATION Executive Director CONSULTING PARTIES COLORADO PRESERVATION~ INC. By: Mark Rodman Executive Director Date: NATIONAL TRUST FOR HISTORIC PRESERVATION By: Barbara Pahl Director, Mountains/Plains Office By: Chris Seldin Deputy County Attorney for Pitkin County Date: Date: REDSTONE HISTORICAL SOCIETY By: Date: Darrel Munsell President WEST ELK LOOP SCENIC & HISTORIC BYWAY CRYSTAL RIVER CHAPTER By: Dave Roberts Executive Director Date: CRYSTAL VALLEY ENVIRONMENTAL PROTECTION ASSOCIATION By: Date: Michael Mechau Executive Director ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: John M. Fowler Executive Director CONSULTING PARTIES COLORADO PRESERVATION~ INC. Mark Rodman Executive Director Date: NATIONAL TRUST FOR HISTORIC PRESERVATION By: Date: Barbara Pahl Executive Director REDSTONE HISTORICAL SOCIETY By: Date: Darrel Munsell President WEST ELK LOOP SCENIC & HISTORIC BYWAY By: Date: Dave Roberts Executive Director CRYSTAL RIVER CAUCUS /-0~ By: Il Jif ~ Date: Charles Dotvney Chairman 4 ADVISORY COUNCIL ON HISTORIC PRESERVATION By: Date: John M. Fowler Executive Director CONSULTING PARTIES COLORADO PRESERVATION~ INC. By: Mark Rodman Executive Director Date: NATIONAL TRUST FOR HISTORIC PRESERVATION Bar ra ~ahlB y: a~-~'~/~L {~' ~fl'--r~> ~ '~'-7'~' Date: b Director, Mountains/Plains Office PITKIN COUNTY By:. Date: Chris Seldin Deputy County Attomey for Pitkin County REDSTONE HISTORICAL SOCIETY By:_ Date: Darrel Munsell President WEST ELK LOOP SCENIC & HISTORIC BYWAY CRYSTAL RIVER CHAPTER By: Date: Dave Roberts Executive Director CRYSTAL VALLEY ENVIRONMENTAL PROTECTION ASSOCIATION By: Date: Michael Mechau Executive Director ADVISORY COUNCIL ON HISTORIC PRESERVATION By:. Date: John M. Fowler Executive Director CONSULTING PARTIES COLORADO PRESERVATION, INC. By: Mark Rodman Executive Director Date: NATIONAL TRUST FOR HISTORIC PRESERVATION By: Date: Barbara Pahl Director, Mountains/Plains Office P1TKIN COUNTY By: Date: Chris Seldin Deputy County Attorney for Pitkin County REDSTONE HISTORICAL SOCIETY Darrell Mtmsell President WEST ELK LOOP SCENIC & ItlSTORIC BYWAY By: Dave Roberts Executive Director Date: CRYSTAL VALLEY ENVIRONMENTAL PROTECTION ASSOCIATION By: Date: Michael Mechau Executive Director ADVISORY COUNCIL ON HISTORIC PRESERVATION By:. Date: John M. Fowler Executive Director CONSULTING PARTIES COLORADO PRESERVATION, INC. By:. Date: Mark Rodman Executive Director NATIONAL TRUST FOR HISTORIC PRESERVATION By:. Date: Barbara Pahl Executive Director REDSTONE HISTORICAL SOCIETY By:. Date: Darrel Munsell President WEST ELK LOOP SCENIC & HISTORIC BYWAY Dave Roberts Chair CRYSTAL RIVER CAUCUS By: Date: Charles Downey Chairman 4 REDSTONE COMMUNITY ASSOCIATION La4re~ Taylor (fl President