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Home My WebLink About32588 / 83-09September 15, 1983 (CARRIED LOST 1%9 RESOLUTION LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH STATE HISTORICAL SOCIETY OF WISCONSIN INITIATED BY: CITY ADMINISTRATION WHEREAS, the Grand Opera House Board has received a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, certain agreements with the State Historical Society of Wisconsin must be executed as a condition 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. - 11 - SUBMZTTED BY APPROyED ME^tORANDUtt 6F ACP.FF.MEtdT . pGREE"IENT between THF STATF HISTORICAL SOCIETY OF WISCOPISIN by and through THE STATE HISTORIC PRESERVATION OFFICF.R and � _� �� RESOLUTION # 9 THIS AGREEr•fENT llATED , 19 �, between Che Stat� Historical Society of Wisconsin by and thraugh the State Ristoric Fresarvation Officer sn3 _ _ (hereafter, OFnxer), relates to the use, maintenance and/or future diagosition of the real estate descr3bed herein for which the sum of One Dollar ($1) plus other vaSuable consideration was provided hy the State Historical Society through the Nationa7. Registez grants-in-aid program for the acquisition and/or development of said reai estate. The provisions of this agreec�ent shall remain in e£fect for a period of 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. Zn the event that title to said real estate is transferred to a subdivision of state gov�rnment, the Owner must obtain from the transferee a signed memorandum of agr_ement obligating the transferee to the provision of this instru�er.t and enforceable for the rec:ainder of the term cf this agreem�nt. 2. In the event that title [o said real estate is transferred to any individual, corporation or organization, or any other transferee, the Qwner must cause the traasferee to attach restrietive covenants to the deed of said real estate which duplicate the obligations'created in this agreement for the temainder of the term of this agreement and enforceable by the State Ristorical Society of Wisconsir by an� through the State Historic Preservation Ozficer. The wording of the aforemen[ion23 covenants must be approved by the State Ristoric Preservation Officer, in writing, prior to the recording of the covenants. i:ie said rzal estate is iocated in Courty, SJisconsin. The said real estate has been listed in the National Register of Historic Piaces as and is vnore particularly described as: [Insert legal description] - lla - fr RESOLUTION # 9 The obligations created by this agreement are ma3e pursuant to, in compliance with� and for the purpose of accomplishing [he objectives of the National Historic Yreser— vation Act (16 U.S.C. s 470, e[. seq.) and the policies and procedures adopted by the Secretary of the Interior (Aeritage Conservation and Recreation Service). The follow3ng agreements are to be considered and construed so as to accomplish fully the intent and objectives of such act and policies: Maintenance and Admin3stration AQreement 1. ?he Uwner aSre25 to assume the east of continued maintenance and.repair 'of the property so as to preserve the architectural, historical or archeological iniegrity of the features, aaterials, appaarance, work— manship and environment in order to protect and enitiance those aualities that made the property eligible for listing in the Nacional Register of Ilistoric Placeso Nothing in this agreement shall prohibit Che Qwner from seeking financial assistance from any source available. 2. The Owner agrees that any alterations that may affect the historical integrity af the premises must have the prior written approval of t.he State Historic PreservaGion Officer� 3. The Owner agrees to oive access to the interior or exterior of the premises [o the State Historical Society of tdisconsin, its personal representatives, successors or assigns for purposes of monitoring the Owner's compliance with this agseement upon 10 days prior written notice by the State Historic Preservation Officer. 4. The Owner agrees to notify the State Historic Yreservation Officer in �ariting of any substantial damage to the property by accidental, natural ; or deliberate causes :ai.thin 30 days of the date on which the damage was incurred. Public Benefit AQree�ent 1. The Qwaer agrees to provide public access to the interior no Iess than I2 days each year. These 12 days shall be on an equitably spaced basis with cons3�eration given to seasonal and other factors so as to naxinize the opportunity for public viewirig. Nothing in this agreenen[ will prohibit the Owner from charging a reasonable, non3iscriminatory fee, comparable to fees charged at similar facilities in the area. 2. The Owner aorees to annually publisn notification of the dates and ttmes when the property will be open to the public for interior visitation or vie�ain� the i.-�nrovem=nts in newspaners of general circulation in the con^,u:ity or area in crhicn tne property is located and to furnish annually to the State Historic Preservation Officer copies of all such notices. First Ri�ht of Refusal AQreement The Owner agrees to grant unto the State Historical Society of Wisconsin, its successors or assigns, the right of first refusal to parchase said real estate in the vent that at any tirle during the period of this agre�rant the Chrner should wisn to sei2 said real estate. Should [he Owner or its personal representatives determine at some future date [ha[ it or they desire to sell said real estate, they sha2i £irst give to the State Historical Society of Wisconsin, its successors or assigns, aotice of its intention to sell said real estate`[ogether with notice of acry bona €ide offers [o purchase'said real 'estate: The State Historical Society of Wisconsin, its successors or assigns, 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, [hat.such right of first refusal shall be exercised within six[y (60) days of the notice of such offer. - llb - RESOLUTION # 9 Early Termination This agreement may be terminated short of conclusion upon thirty days written notice from either the State Historic Preservation Officer or the Owner. Should this agreement be terminated by the State Historic Preservation Officer, except for reasons of non-compliance by the Owner, the Historic Preservation Division will reimburse the Owner for up to a maximum of 50 percent of the eligible costs incurred up to the termination date. Should this agreement be terminated by the Owner, the Historic Preservation Division, at the discretion of the State Historic Preservation Officer, may reimburse the Owner for a maximum of 50 percent of the eligible costs incurred to the termination date, or may require the Owner to return any or all federal funds transferred to the Owner by the termination date, depen- ding on the circumstances of the termination. ACKNOWLEDGMENTS I certify that: 1. I have read, understand, and agree to the provisions of this Memorandum of agreement; 2. I am the owner of said real estate or have been given legal authority to act in this matter by the individual, organization, corporation or public body that owns said real estate. Furthermore, I understand and agree that the obligations created by this instrument are enforceable by the State Historical Society of Wisconsin by and through the State Historic Preservation Officer by an action in the Circuit Court of Dane Countg, Wisconsin, an3 any other court of competent jurisdictior. and that, in the event of a material breach of any portion of this agreement, I will return the full amount of the grant to the State Historical Society of Wisconsin. Signed as of the date first stated herein: By: Owner or (hmer's personal representative Title Typed or printed name of above signatory: By: State Historic Preservatior. 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