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Home My WebLink About32623 / 83-15,• October 20, 1983 (CAHRIED PURPOSE: INITIATED BY 1F 15 RESOLUTION LOST LAID OVER WTTHDRAWN ) APPROVE AGREEMENT WITH STATE HISTORICAL SOCIETY OF WISCONSIN GRAND OPERA HOUSE BOARD WHEREAS, the Grand Opera House Board has received a grant of $75,000.00 from the State Historical Society of Wisconsin and is in the process of applying for more grants, and WHEREAS, cerCain agreements with the State Historical Society of WiSCOnsin must be executed as a condiYion to receiving this grant money, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the following attached Memorandum of Agreement with the State Historical Society of Wisconsin. — 19 — SU°?+�ITTED BY ,.,., , ,..� �� I` "" L AGREENIENT between 1SF.*tOP.AND[T! OI' AC°?'F."SF.?.T TR5 STATE HISTORICAL SOCIETY OF NISCONSIN by and through THE STATE HISTORIC : ��SERVATIOV OFr^ICER and City of Oshkosh RESOLUTION #15 THIS AGRF.EhiENT llATED , 19 _, between the State Historical Society of Wisconsin by and through the State Historic Preservat3on O:ficer and Citv of Oshkosh, a Municipal Corporation (hereafter, U.mer), rela[es to the use, cnaintenance and/or future disposition of the real estate described herein for wHich the sum of One Dollar ($1) plus other valuable consideration was provided by the State Historical Society through the National Register grants—in—aid program for the acquisition and/or development of said' real estate. The provisions of this agreement shall remain in effect for a period of Fifteen(15) years from the date first stated herein and the obligations created by this agreement shall be binding on the heirs, successors and assigns of the Owner as provided below: , 1. In the event that title�to said real estate is transf2rred to a subdivision of state governmer.t, the Owner must obtain from the transferee a signed memorandum of agreement obligating the transferee to the provision of this instrwaeat and enfarce2ble for the remsind�r of *_he ter� ef this agreement. 2. Zn the event that title to said real estate is transferred to any individual, I corporation or organization, or any other transferee, the Owner aust cause the transferee to attach restrictive covenants to the deed of said real estate which duplicate the obligations created in this agreement for the remainder of the term of this agreement and enforceable by the State Historical Society of Wisconsin ty and through the State Eistoric °reservatioa Officer. The wording of the aforementione3 covenants must be appro•�ed by the State Fistoric Preservation Officer, in writing, prior to the recording of the covensnts. The said real estate '_s located in ti9innebago County, �disconsin. The said real estate has been listed in �he National Register o£ Historic Places as The Oshkosh Grand Opera House and is more particularly described as: [Insert legal description] Lot 5, Block 8 Original Plat of Oshicosh, First Ward, City of Osh:cosn - 19a - RESOLUTION #15 The obligations created by this agreement are ma3e pursuant to, in compl3ance with, and for the purpose of accomplishing the oUjectives of the National Historic Preser— vation �ct (16 U.S.C. s 470, et.�seq.) and the policies and procedures adopted 'oy the Secretary of the Interior (Aeritage Conservation and Recreation Service). The following agreements are to be considered and construed so as to accomplish fully the intent and objectives of such act and policies: Maintenance and Administration ARreement 1. T_he Owner aqrees to assume the cost of con*_inued maintenance and repair of the property so as to preserve the architectural, historicai or archeological integrity of the features, naterials, appearance, work— manship and environment in order to protect and enhance those aualities that made the property eligible for listing in the National Register of P.istoric Places. Nothing in this agreement shall prohibit the Owner from seeking financial assistance from any source available. 2. The Owner agrees that any alterations that may affect the historical integrity of the premises must have the prior written approval of the State ftistoric Preservation Officer. 3. The Owner agrees to give access to the interior or exterior of the premises to the State Historical Society of Sdisconsin, its Personal representatives, successors or assigns for purposes of monitoring the Owner's compllance with this agreement upon 10 days prior written notice by the State Historic Preservation Officer. 4. The Owner agraes to notify the State Ristoric Preservation O:ficer in eariting of any substantial damsge to the property by accidental, natural or deliberate causes w±thin 30 days of the date on which the damage was incurred. Public Benefit AQreement 1. The Owner agrees to provide public access to the interior no less than 12 days each year. These 12 days shall be on an equitablp spaced basis with consideration given to seasonal and other factors so as to mar.inize the opportunity for public viewing. Nothing in this agreenent will prohibit the Owner from charging a reasonable, nondiscriminatory fee, comparable to fees charged at similar facilities in the area. 2. The Owner agrees to annually publisii notification of the dates and times when the property will be open to the public for interior visitation or viewing the iaprove�ents in newspapers of gen�ral circulation in the cocamunity or area in which the property is located and to furnish annually to the State Historic Preservation Officer copies of all such notices. First Right of Refusal ARreement The Owner agrees to grant unto the State Historical Society of Wisconsin, its successors or assigns, the right of first zefusal to purchase said real estate in the vent that at any time during the period of [his agreement the Owner should wish to sell said real estate. Should the Owner or its personal representatives determine at some future date that it or they desire to sell said real estate, they sha11 first give to the State Historical Society of �Jisconsin, its successors or assigns, notice of i.s in[ention to sell said real estate:together with notice of any bona fide offers to purchase sald real estater The State Historical Society of - Wisconsin, its successors or assighs, shall then have the right to purchase the said real estate upon the same terms and conditions as may be set forth.in any bona fide offer.to purchase, provided, however, that such right of first refusal sha11 be exercised within sixty (60) days of the notice of such offer. — 19b — � RESOLUTION #15 A C 1IN 0� :'L r n C F.?d P NT S I certify that: 1. I have read, understand, and a�ree to the provisions of this I�temorandum o: avreement; � 2. I am the o�mer of said real estate or have been ;iven legal authority to act in this matter by the individual, organization, corporation or public body that ovns said real estate. Furthermoze, T understand and agree that the obligations created by this instzument are enforceable by the State Ais[oricdl Society of 4)isconsin by and through the State Aistoric Preservation Officer by an action in the Circuit Court of Dane County, f7isconsin, and any other court of competent• jurisdiction and that, in the event of a material breach of any portion of this agreement, I will return the full anount of the grant to the State Ristorical Society of Wisconsin. ' Signed as of the date first stated herein: By: Q�mer of Owner's personal representative iiile: Typed or printed nase of above signa[ory:_ By= State Histo:ic Preservation Officer - 19c - � ° o ro rt rt rt °� o �C N � n n w n� � .° � o � n r �� N �o H R� �p m trJ O t� w C7'z7 x •• rt � � m m � �E r� r� � rt � � � � m rt r� w p rt . � z � m 0 � G rr r� 0 � xrt wo m � � O '0 nro wn m c � m �� o� � n r� m m ro �c m � o rr rh �� N `, z {.'; '.5 z m m � � �