Code of Maine Rules › 94 - INDEPENDENT AGENCIES › 089 - HISTORIC PRESERVATION COMMISSION AND MAINE STATE MUSEUM › Chapter 811 - HISTORIC BUILDINGS RESTORATION GRANTS › Appendix 089-811-B

Current through 2024-29, July 17, 2024
SAMPLE COVENANT
THIS CONVEYANCE is made this [first] day of [July, 19861 by
				  and between the [Anytown Historical Society], a non-profit organization] having
				  its location in [Anytown], Maine, hereinafter sometimes called the Grantor, and
				  the State of Maine through the Director of the Maine Historic Preservation
				  Commission, hereinafter, sometimes called the Grantee.
WITNESSETH
WHEREAS THE Grantor is owner of certain premises known as the
				  [John Doe House] in [Anytown], Any County), Maine, which premises have been
				  listed in or nominated to the National Register of Historic Places under the
				  National Historic Preservation Act of 1966 ( P.L. 89-665,
				  16
				  U.S.C. §470a, et seq.); and
WHEREAS THE State of Maine through the Director of the Maine
				  Historic Preservation Commission is presently responsible for precluding any
				  activity or omission at the premises which would destroy or impair its value to
				  the public as an historic place; and
WHEREAS THE Grantor is willing to grant to the State of Maine
				  the easement as hereinafter expressed for the purpose of insuring that the
				  value of the premises for such purposes will not be destroyed or
				  impaired;
NOW THEREFORE in consideration of the sum of One Dollar and
				  other valuable consideration paid to the Grantor, the receipt whereof is hereby
				  acknowledged, the Grantor does hereby give, grant, bargain, sell and convey,
				  with covenant of warranty, into the State of Maine an easement in the following
				  described lots or parcel of land, with the buildings and improvements thereon
				  (the real property together with the buildings and improvements thereon and the
				  fixtures attached thereto and the appurtenances thereof, being hereinafter
				  collectively referred to as the "Property") located in [Anytown, Any County],
				  Maine and described in the [Any] County Registry of Deeds, [Book 1226, Page
				  402].
The easement herein granted shall be of the nature and
				  character hereinafter expressed and shall be a covenant running with the land,
				  binding upon Grantor; its successors and assigns.
The Property is comprised of grounds, collateral, or
				  appurtenant improvements and the John Doe House. The John Doe House is more
				  particularly described as follows:
The [John Doe House], built in 1857, is a 1 1/2-story frame
				  building with a single, central brick chimney, gable roof, clapboard siding,
				  and full-stone foundation. Windows are generally of 9/6 double-hung
				  type.
The foregoing description of the John Doe House may be
				  amended, replaced, or elaborated upon in more detail, and a description of the
				  style, landscaping and similar particulars of the grounds, and any collateral
				  or appurtenant improvements on the Property may be added, by an instrument in
				  writing, signed by both parties hereto, making reference to this Easement Deed
				  and filed of record in the [Any] County Registry of Deeds. If and when such an
				  instrument is placed of record, it shall be deemed to be a part of this
				  Easement Deed as if set out herein.
For the purpose of preserving, protecting, maintaining the
				  Property, including its significance and value to the public as an historic
				  place, the Grantor does hereby covenant and agree, on behalf of itself, its
				  successors and assigns with the Grantee, its successors and assigns, as
				  follows:
1. The owner agrees to assume
				the cost of continued maintenance and repair of the property, in accordance
				with the approved Maintenance Management Plan, so as to preserve the
				architectural, historical, or archaeological integrity of the property for [5]
				years in order to protect and enhance those qualities that made the property
				eligible for listing in the National Register of Historic Places. Nothing in
				this agreement shall prohibit the subgrantee from seeking financial assistance
				from any source available to him.
2. No signs shall be erected and no activity
				shall be conducted on the Property which would destroy or diminish its
				historic, cultural, or aesthetic value, and all things shall be done which are
				reasonably necessary to insure that the Property continues to qualify as an
				historic place under the National Historic Preservation Act of 1966.
3. The grounds and landscaping of the
				Property shall be maintained in a healthy condition and in a manner
				exemplifying the period and style of the [John Doe House].
4. No alterations to the Property (including
				particularly, but not limited to, the [John Doe House] as described herein)
				shall be undertaken, commenced, or performed without the prior written approval
				of the State of Maine through the Director of the Maine Historic Preservation
				Commission.
5. Utility entrances
				needed from time to time shall be installed in a manner which will not impair
				the aesthetics of the Property.
6.
				Grantee, its agents and designees shall have the right to inspect the Property
				at all reasonable times in order to ascertain whether or not the terms and
				conditions of this Easement Deed are being complied with.
7. As state assistance has been employed for
				restoration and repair of the [John Doe House], the Grantor agrees to allow
				public access not only to the grounds of the Property, but to the interior of
				the John Doe House for a minimum of eight (8)weeks per year. Public access may
				vary as to hours and days per week in accordance with seasonal demand provided,
				however, (i) that the grounds and the interior shall be open to the public for
				a sufficient amount of time and with a degree of frequency to afford reasonably
				convenient access by members of the public desiring to see it and (ii) cultural
				institutions and similar groups shall have access at any reasonable time,
				regardless of the season, subject only to the advance negotiation of adequate
				remuneration for attendants necessary to accompany such groups. Fees for
				admittance may be levied by the Grantor provided that the amount of such fees
				are reasonable and are commensurate with and comparable to the fees charged in
				Maine at the time for access to other historic or cultural buildings.
8. If the Grantor fails to observe or if the
				Grantor violates any covenant, agreement, or provision contained herein, then
				the Grantee shall in addition to all other remedies available at law or in
				equity, have the right to enforce this Basement Deed, including each of its
				provisions, by specific performance.
9. The covenant and agreements set forth
				herein shall be binding upon and shall inure to the benefit of the Grantor and
				the Grantee and their respective successors and assigns. TO HAVE AND TO HOLD
				the aforegranted and bargained Easement with all the privileges and
				appurtenance s thereof to the said State of Maine through the Director of the
				Maine Historic Preservation Commission, its successors and assigns, to its and
				their use and behoof for a period of years from and after the date
				hereof.
10. The Grantor agrees to
				convey to the State of Maine first right of refusal in the event that at some
				future time they shall wish to sell the premises referred to in this
				Easement.
IN WITNESS WHEREOF, The [Anytown Historical Society], signed
				  by
__________________, ____________________, and
___________________, its officers duly authorized and have
				  hereunto set hand and seal for the purpose set
forth above, all as of the day and year first written
				  above.
[THE ANYTOWN HISTORICAL SOCIETY]
By_________________________
____________________________
_____________________________
STATE OF MAINE
Any,§ Date________________________
Then personally appeared the above named
				  _________________________, _________________________, and
				  _________________________, of the Anytown Historical Society, and acknowledged
				  the foregoing instrument to be their free act and deed in said capacity and the
				  free act and deed of the Anytown Historical Society, Anytown, Maine.
Before me,____________________
Notary Public