Archive Record
Images
Metadata
Collection |
George Douglass |
Archive Number |
GDHRPT12 |
Title |
Declaration of Covenants and related PHMC documents |
Description |
Declaration of Covenants and related PHMC documents The parties to these covenants are the Commonwealth of Pennsylvania, acting by and through the Pennsylvania Historical and Museum Commission, (hereinafter referred to as the Commission), and the Historic Preservation Trust of Berks County, PA (hereinafter referred to as the HPTBC. The parties agree that, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby declare that this instrument, entitled "Declaration of Covenants," shall be binding as between the parties and their respective successors and assigns and shall be recorded with the Berks County Recorder of Deeds promptly after execution and acknowledgement of this Declaration with a certain deed dated [Date of previous deed], and shall be binding on the George Douglass house and lot owned by the HPTBC by reason of the 1988 Deed from Betty Webster, Grantor, dated _______, 1988 and recorded in Deed book_________, page_______, conveying said premises to the HPTBC. The HPTBC its successors and assigns, covenants and agrees to assume responsibility for the maintenance, preservation, and administration of the property in satisfactory manner for a demonstrable public benefit for a period of fifteen (15) years from [Deletion] the date of execution of this instrument. The provisions of these covenants, hereinafter expressed as covenants running with the land, are herein set forth so as to ensure the maintenance and preservation of the architectural and historical characteristics of The George Douglass House, which has been determined eligible for listing or is listed in the National Register of Historic Places under the provision of the National Historic Preservation Act of 1966 (80 Stat. 915). Architectural and historical characteristics shall be defined as those significant physical features that qualified the property as eligible for the National Register of Historic Places. The George Douglass House shall be maintained and preserved in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. No construction, alteration, rehabilitation, remodeling, demolition, site development, ground disturbance, or other action shall be undertaken or permitted to said property without the prior written permission from the Commission. Prior to the commencement of work, the HPTBC agrees to notify, in writing, the Commission of all work on said property in its entirety that might affect the property’s architectural or historical characteristics. The Commission will be given thirty (30) days from receipt of the notice to review and approve in writing the appropriateness of said work. For work that involves ground disturbance, the Commission may require archaeological investigation at the HPTBC‘s expense. In the event that archaeological materials are discovered during ground-disturbing activities, work shall temporarily cease, and the Commission shall be consulted for instructions prior to proceeding with the work. Any archaeological work shall be conducted in accordance with the Secretary of the Interior’s Standards and Guidelines for Archaeological Documentation (48FR 447344-37) and any such standards and guidelines as the Commission may specify. The HPTBC shall allow the Commission, at all reasonable times and upon reasonable advance notice to the HPTBC, access to inspect said property to ensure compliance with this preservation covenant. It is further agreed that the Commission in no way assumes any liability or obligation for maintaining, repairing or administering said property and the HPTBC shall hold the Commonwealth harmless from and indemnify the Commonwealth against any and all claims, demands and actions based upon or arising out of any activities performed by the Commonwealth, Commission, its officials, employees and agents under this covenant and shall, at the request of the Commonwealth, defend any and all actions brought against the Commonwealth based upon any such claims or demands. Failure of the Commission to exercise any rights or remedies granted under this covenant shall not be construed to be a waiver by the Commonwealth of its rights and remedies in regard to the event of default or any succeeding event of default. The rights and remedies of the Commonwealth provided in this covenant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this covenant. In Witness thereof, the HPTBC has hereunto set its hand and seal this _______ day of _________________, 2020. Historic Preservation Trust of Berks County, PA By__________________________________ Bradford Kissam, Board President COMMONWEALTH OF PENNSYLVANIA COUNTY OF ______________________ This record was acknowledged before me on ___________________[date] by Bradford Kissam as Board President, who represents that he (or she) is authorized to act on behalf of The Historic Preservation Trust of Berks County, PA. Notary Public My commission expires: ___________________ In Witness thereof, the Commission agrees to accept this Declaration of Covenants on this _____ day of ____________________, ______. Pennsylvania Historical and Museum Commission By___________________________________ Andrea L. MacDonald Deputy State Historic Preservation Officer COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN This record was acknowledged before me on _________________ by Andrea L. MacDonald as the Deputy State Historic Preservation Officer who represents that she is authorized to act on behalf of the Pennsylvania Historical and Museum Commission. ____________________________ Notary Public Title of office My commission expires: ________________ Hi, Karen, Attached is a copy of the Declaration of Covenants signed by Brad Kissam and notarized. The original was mailed to you this AM by Priority Mail, so it should arrive next week [unless it gets dumped in a voter-suppression ballot-bin]. Please return it for recording when executed on behalf of the PHMC. Thanks, and have a nice weekend, Larry Good afternoon Larry, I’ve reviewed the draft Declaration of Covenants. Thank you for identifying the changes so easily. It meets our expectations. Please feel free to go ahead and have it signed by the President and notarized. Once it is signed on your end, it should be mailed to my attention at the PASHPO. We do have staff working in the office and they should be able to alert me that it was received. I’ll be to alert Andrea MacDonald that her signature and subsequent notary will be required. We will then return it to you for recording at the Berks County Courthouse. Have a great evening and thank you again for doing this so quickly. I should have caught it earlier that it was missing. Karen Larry Ward |
Object Name |
Report |
Catalog Number |
1006.01.058 |
Search Terms |
George Douglass George Douglass House GDHRPT Restoration |
People |
George Douglass |