Orange County NC Website
tti5i92 <br />In the event that the Fund, or the Foundation or either of their successors in interest by 11 <br />corporate merger cease to exist, then in such event such entity shall assign all of its rights <br />and interests in these easemenu, covenants, and conditions subject to such duties and <br />obligations which it assumes hereby to the other, or to some other non-profit corporation of <br />responsibility which exists for substantially the same reasons as the assigning entity. If no <br />such corporation be available for such assignment then, under such circumstances such <br />assignment shall be made to the State of North Carolina which shall be the sole party entitled <br />to administer those covenants. <br />2. The Subject Property shall be used for beneficial public purposes only, in <br />accordance with the provisions set out in the Decd of Release and Agreement dated February <br />13, 1989 and executed by Helen Blake Watkins (widow) et al., recorded in Book 779 at Page <br />228 in the Orange County Public Registry. <br />', ~„ i <br />3. For at least ten years from the date hereof, the Subject Property shall be made <br />available to the Hillsborough Area Chamber of Commerce, Inc. or to some other <br />organization for operation as a visitor's center and allied uses for the Town of Hillsborough <br />and Orange County; provided, however, that if the operation of such a visitor's center and <br />allied usq on the Subject Property becomes, in the opinion of the Foundation, impractical or <br />undesirable, then the condition and restriction set forth in this paragraph 3 shall be of no <br />further force and effect. <br />4. The Grutta covenants and agrees to continuously maintain, repair, and <br />administer the Dickson House and the Subject Property in accordance with the Secretary of <br />the Interior's Standards for Rehabilitation (in effect as of March, 1990) so as to preserve the <br />historical integrity of features, materials, appearances, workmanship and environment of the <br />Dickson House. Maintemattce shall be wntinuously provided. Said Standards are attached <br />hereto as Exhibit B and incorporated in these covenants by reference.. <br />S. No alteration and no physical or structural change and no changes in the color, <br />materkal or surfacing sltall be made to the exterior of the Diction House without the prior <br />written approval of the President or Executive Director of the Foundation. <br />6. No addition or additional structure shall be constructed or permitted to be built <br />upon the Subject Property unless the plans and exterior designs for such structure or addition <br />.. have ban approved in advance in writing by the President or Executive Director of the <br />Foundation. The Foundation in reviewing the plans and designs for any addition or <br />additional sOnrcture shall consider the following criteria: Exterior building materials; height; <br />fenestration; roof shapes, forms, and materials; surface textures; expression of architxtural <br />detailing; scale; relationship of nay additions to the main structure; general form and <br />Proportion of strucAires; orientation to street; setback; spacing of buildings, defined as the <br />,; distance between adjacent buildings; lot coverage; use of lopl of regional architectural <br />ttaditiom; and effect oo archeological resources. Contemporary designs for additions or <br />additional structures shall not be discouraged whey such alterations and additions do not <br />destroy signifiant historical, architectural, or cultural material, and such design is <br />compatible with the size, color, material and character of the property and its environment. <br />7. It is understood and agreed that the Fund, its successors or assigns, may <br />locate, caistruct, reconstruct, rehabilitate, renovate, repair and restore the old Hughes <br />Academy building prderttly located in northern Orange County, in the vicinity of Cedar <br />Grove (or subject to the approval of the Grantee, which approval shall not be unreasonably <br />withheld, some other building of roughly similar size), onto the Subject Property, such <br />building to be located in the southeasterly quadrant of the Subject Property; and in such <br />event, the parties hereto agree to pursue the possibility that the Grants or assigns shall <br />acquire title to such building improvements; in which event such building improvements shall <br />be and become subject to the agreements, easements, covenants and restrictions set forth in <br />this Deed. <br />8. Except for any walks constructed or to be constructed by the Fund in <br />connxtion with the structure referenced in paragraph 7 hereinabove, no additional drives, <br />walkways, parking, walls, or fences, shall be permitted to be placed upon the Subject <br />Property unless the plans and designs for the same have beta approved in advance in writing <br />by the President of Executive Director of the Foundation. The Foundation in reviewing such <br />tJUR_t\G:\DOCS\RRV\REAIESTA\23S% 1 ~ 2 <br />