|
and Rodenticide Act (FIFRA -- 7 U.S.C. § 136, et seq.), its implementing regulations, and according to the labeling provided
<br />with such substances. Furthermore, that in accordance with the Comprehensive Environmental Response, Compensation and
<br />Liability Act (CERCLA -- 42 U.S.C. § 9601, et seq.), the use of such substances is not a "release" (as defined in CERCLA, 42
<br />U.S.C. § 9601 (22)), but instead the use of a consumer product in consumer use (42 U.S.C. § 9601(9)), and the application of a
<br />pesticide product registered under FIFRA for which recovery for response costs is not allowed (42 U.S.C. § 9607(i)).
<br />VII. HISTORIC PRESERVATION COVENANTS AND AGREEMENTS
<br />A. Covenants Running with Land
<br />2. Grantee, for itself and for its successors, assigns, all future tenants of the Property, and any party-in- possession of
<br />the Property, or any part thereof, covenants and agrees that the Property is and forever shall be subject to the terms,
<br />conditions, agreements, covenants, restrictions, reservations, and limitations of the PPU and hereinafter set forth, which are
<br />all deemed covenants running with the land, and, in the event the Property is sold or otherwise disposed of, notice of these
<br />terms, conditions, agreements, covenants, limitations, reservations, and restrictions shall be inserted in all instruments of
<br />conveyance.
<br />201602183
<br />1. In support of eligibility to acquire the Property for historic monument purposes, the Grantee submitted an
<br />"Application for Obtaining Real Property for Historic Monument Purposes" and a "Program of Preservation and
<br />Utilization (PPU)" pursuant to 40 U.S.C. § 550(h), et. seq., as amended, accepted by the National Park Service on behalf of
<br />the Secretary of the Interior, and filed with National Park Service, Midwest Region, 601 Riverfront Drive, Omaha, NE
<br />68102 -4226.
<br />B. Right of Reversion
<br />1. Grantee, for itself and its successors and assigns, hereby acknowledges and agrees that the right of reversion
<br />expressly described herein (the "Reversion ") is hereby reserved by Grantor pursuant to the requirements of 40 U.S.C. §
<br />550(h), as amended, and as further described in 41 C.F.R. § 102 - 75.440 -485, as amended. Further, Grantee hereby
<br />covenants to use the Property for National Historic Monument purposes only.
<br />2. In the event the Property ceases to be used and maintained for National Historic Monument purposes in compliance
<br />with all of the terms, conditions, covenants and agreements contained in Section VII.C, below, title to the Property, in its
<br />then existing condition, may, at the sole option of the Government, revert to the Government, and its designated
<br />representatives.
<br />C. Specific Historic Preservation Terms, Conditions, Covenants and Agreements of Grantee
<br />1. Grantee, for itself and its successors and assigns, covenants and agrees to abide and fully comply with all terms,
<br />conditions, and agreements contained in the Program of Preservation and Utilization ( "PPU "), pursuant to 40 U.S.C. §
<br />550(h), as amended, which has been filed with the National Park Service, Midwest Regional Office, 601 Riverfront
<br />Drive, Omaha, NE 68102 -4226.
<br />2. Grantee, for itself and its successors and assigns, further covenants and agrees to use the Property in a sympathetic
<br />manner consistent with the requirements of the Historic Monuments Program with respect to the Historic Features situated
<br />on the Property as required under the terms and conditions of the PPU and "The Secretary of Interior's Standards for
<br />Rehabilitation and Guidelines for Rehabilitation of Historic Buildings." Further, the Grantee will follow
<br />the Secretary of the Interior's Standards for Rehabilitation as published by the Department of Interior regulations
<br />(36 CFR § 67) and submit to the NPS any proposed work or changes to the property for review and approval prior
<br />to beginning such work. The Standards for Rehabilitation is a section of the Secretary's Standards for the
<br />Treatment of Historic Properties. The standards are available at http: / /www2.cr.nps.gov /tps, under "Featured
<br />Links."
<br />3. The structure(s) and grounds situated on the Property will be preserved and maintained in accordance with the PPU
<br />and the National Register of Historic Properties nomination documentation made in consultation with the Nebraska State
<br />Historic Preservation Officer (SHPO), State Historic Preservation Office, Nebraska State Historical Society, P.O. Box
<br />82554, Lincoln, NE 68501 -2554.
<br />4. Detailed plans and specifications for any future work, including improvements made throughout the building
<br />pursuant to the Americans with Disabilities Act (ADA), and improvements such as flooring, painting, ceiling and light
<br />fixture replacement, will be submitted to the National Park Service (NPS), Midwest Regional Office and the Nebraska
<br />State Historic Preservation Officer (SHPO), State Historic Preservation Office, Nebraska State Historical Society for
<br />review and approval prior to initiation of construction.
<br />5
<br />
|