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Form #974

Historic District Facade Servitude

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Historic District Facade Servitude - Free Legal Form

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Historic district facade servitude.

A. _________(Donee) and _________(Owner) agree as follows:

(1). Owner agrees to preserve and maintain those portions of the exteriors of the buildings, and to keep them in at least the same state of repair in which they are at the time of this donation.

(2). Owner may alter the appearance or composition of those exteriors of buildings donated by this agreement, including the construction of appurtenant structures, only after having submitted written plans for them to donee and having obtained donee's written approval.

(3). Should demolition occur, or should alterations be undertaken without Donee's written approval and should owner fail to commence corrective work to correct such alterations or repair such demolition within 60 days from receipt of written notice to do so from Donee, and should the work not be completed within a reasonable time afterwards, Donee may compel corrective work at Owner's expense.

(4). For the purpose of maintaining the exteriors in the condition in which they were at the time of this donation, donee may require owner, at owner's expense, to provide repairs and maintenance to the exteriors and roof. The repairs and maintenance are not commenced within 60 days from a written request delivered by Donee to Owner, or if same are not completed within a reasonable time, Donee may cause same to be done at Owner's expense; and/or Donee may proceed by summary process against Owner, in a court of competent jurisdiction, to compel the repairs and maintenance.

(5). Donee shall have the right to inspect those portions of the buildings donated by this agreement upon 48 hours prior notice.

(6). Owner retains all other rights of ownership; including use of the exteriors and roof, that do not conflict with the exercise of Donee's rights under this agreement.

(7). At least once every five years, owner shall provide to Donee evidence of condition of those portions of the buildings donated by this agreement, and any structural portions of the buildings incident to them, from sources acceptable to Donee.

(8). Owner agrees to maintain adequate insurance coverage for placement of the exterior(s) of the building(s) donated in this agreement in an amount equal to their replacement cost; and to maintain adequate insurance to cover damages to persons and property as a result of the condition of the premises, in amounts satisfactory to donee. The policies of insurance obtained pursuant to this agreement shall name donee as a co-insured as its interest appears in this agreement.

In order to ascertain and compel compliance with this section, donee may at any time require owner to show evidence of this insurance; and upon owner's default donee may purchase insurance at owner's expense and lien the property for the cost of the premiums.

B. Grantor desires and intends and by this agreement does create and establish in perpetuity, a real servitude in, over and to the exterior facade, front and roof of the above described property and the buildings and improvements located on it, and by this agreement does grant, convey and transfer in perpetuity to Grantee, the real servitude of the exterior facade, front and roof of the above described property and the buildings and improvements located on it. This real servitude shall be limited to, and shall give Grantee, the sole right at Grantee's own discretion to preserve or maintain in its present condition (including those requirements set forth in the minutes of the meeting of the _________ Commission of _________[date]) the appearance, composition and/or character of the exterior facade, front or roof of the above described property and the buildings and improvements located on it, and/or the sole right at Grantee's own discretion to require Grantor at Grantor's sole cost and expense, to perform and conduct the work deemed necessary by Grantee in Grantee's sole discretion in order to preserve or maintain in its present condition (including those requirements set forth in the minutes of the meeting of the _________ Commission of

_________[date]) the appearance, composition and/or character of the exterior facade, front or roof of the above described property and the buildings and improvements located on it. Grantee shall also have the right of ingress to and egress from any portion of the above described property, for the purposes and benefits of this servitude, and in all respects shall have access to the above described property as is necessary to exercise any rights granted in this agreement by the Grantor. Grantor shall have the right to use the above described property, including the exterior facade, front and roof which forms the subject of this servitude, for whatever lawful purpose Grantor deems necessary, except as to the rights of servitude granted in this agreement, and agrees not to disturb Grantee in the exercise of any rights granted in this agreement. Grantor must first obtain Grantee's written approval of and consent to any change, alteration, renovation, or improvement of, in or to the exterior facade, front or roof before commencing work. All work for preserving or maintaining the exterior facade, front or roof, as may be recommended, required and/or approved by Grantee, shall be performed and conducted by Grantor at Grantor's sole cost and expense.

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Name of Firm Anonymous3
Total Forms Contributed 102
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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