From: June Hercek Sent: Wednesday, February 03,2016 12:43 AM

Transcription

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From: June Hercek
Sent: Wednesday, February 03,2016 12:43 AM
To: Victor Canning
Cc: Trudy Atkinson
Subject: Historic Preservation Easements - Montville Museum and Doremus House
Attachments: Montville Schoolhouse No. 10.pdf; Hendrik Doremus House.pdf
Victor,
Several years ago the County of Morris awarded grant funds to the Township of Montville for various
improvements to the Montville Schoolhouse No. 10 (Montville Museum) and the Hendrik Doremus
House (Doremus House). Examples of improvements include the installation of an ADA Ramp and
restoration of the cupola, walls, windows, and electrical system at the Montville Museum, as well as
improvements to the underground drainage, roof, doors, and fireplace at the Doremus House. As a
condition of funding, the Township agreed to execute a Historic Preservation Easement for each building
in which the Easement would remain in effect for a period of 30 years. The purpose of the easement
agreement with the County is to assure the preservation, enhancement, and protection of the property
from inappropriate use and alteration throughout the 3D-year period - regardless who OIVlfS, maintains,
rehabilitates, restores, renovates, adapts, revitalizes, occupies, or uses it. As part of the Easement
Agreement, the County has the right to review and approve physical improvements to the property to
ensure that modifications are compatible with the preservation of the historic resource.
I would like to point out that the Easement contains a Public Access requirement in which each building
must be open to the public a minimum of 6 hours a day, 12 times per year. In speaking with Mr. Ray
Chang of the Morris County Historic Preservation Trust Fund, he recommends we open the buildings to
the public at least I day each month (equally spaced time intervals is preferred). So that we are in
compliance with the Public Access requirement of the Easement, I will ask Kathy Fisher of the Montville
Historical Society to provide us with a list of dates and times the buildings will be open to the public
during the course of 20 16.
In addition, I will ask Tracy Schnurr to review the Easements and with her approval, we will include the
items on the February 9, 2016 meeting agenda.
Thanks,
June
1 of 1
215120163:44 PM
COUNTY OF MORRIS
DEPARTMENT OF PLANNING & PUBLIC WORKS
Boud ofChoscn Freeholders
DI",c/or
P.O. Box 900
Morristown, New Jersey 07968·0900
Counly AdmlnlslrDlDr
John Bonanni
KoUU)'11 A. DeFlUlppo
Depuly Dlmelor
HankL,..,..
DI,..,.,lor
Dccno LcIU)'
973-829-8120
FAX 973-826·9025
d1C1U)[email protected]
Douglas R. Cabano
Jolm Cesaro
ntomas J. MD5!ntngelo
ChrisUnc MyCIII
Deborah SmiUt
January 28, 2016
Ms. June Hercek
Montville Township
195 Changebridge Road
Montville, NJ 07045
Re:
Montville Schoolhouse No. 10
Dear Ms. Herc:ek:
Enclosed please find the Historic Preservation Easement for the Montville Schoolhouse No. 10
(Montville Museum). The 2005, 2007 and 2008 historic preservation grants for the Montville
Schoolhouse No. 10 included the casement that must be executed between Montville Township and
Morris County.
Please execute the Easement (as authorized by municipal resolution), completing the property
description (Schedule A) and confirming the protected features (Schedule B). Please include also a
Certificate of Liability Insurance and an Endorsement Form for the property per paragraph 9 of the
easement. Please note the Township must have primary general liability policy with a $1,000,000 limit
per occurrence and a $3,000,000 aggregate limit. The Certificate Holder and additionally insured should
state: County of Morris. P.O. Box 900. Morristown t NJ 07963-0900.
Kindly return the executed Easement and Insurance certificate by March 7.2016 to:
Ray Chang, P.P., Program Coordinator
Morris County Historic Preservation Trust Fund
P.O. Box 900
Morristown, NJ 07963-0900
There are easement monitoring forms including the Request for Approval, Annual Report, Photo Format
forms on our website http://morrisplanuing.org/fonns.asp under Historic Preservation for your future
use.
Office locot.cd ol SO Seltuylcr Placc • FourUt Floor. Morrlslo\\n • NC\\' Jc\'SC)'
\\~\~\'.MorrisCountyNJ·IIO\'
If you have any questions or if you are in need of additional infonnation please feel free to contact me.
Thank you,
Sincerely,
RayC g, P.P.
Historic Preservation
Program Coordinator
Record and Return to:
John A. Napolilano, Esq.
Monis County Counsel
P. O. Box 900
Morristown, NJ 07963
Prepared by:
John A. Napolitano, Esq.
DEED OF HISTORIC PRESERVATION EASEMENT
THIS DEED OF HISTORIC PRESERVATION EASEMENT made _ _ _ _ __
(date) between Township of Montville, hnving nn address at 195 Cbangebridge Road, Montville,
NJ 07045, hereinafter referred to as the "Grantor";
And MORRIS COUNfY BOARD OF CHOSEN FREEHOLDERS, having an address at
P.O. BolC 900, Morristown, NJ 07963.0900, hereinafter referred to ns the "Grantee".
Grantor grants and conveys to the Grantee a historic preservation easement (hereinafter the
"E.~sement") on Grantor's property located in the Township of Montville, County of Morris, more
fully described in Schedule A annexed hereto (hereinafter the "Property") for and in consideration
of the sum of ONE DOLLAR ($t.()() and n matching grant from Grantee to restore, rehabilitate,
stabilize, andlor preserve the Property for the continuing benefit of the people of the County of
Morris (hereinafter the "Grant").
The talC mnp reference for the Property is:
Township of Montville
Block 56, Lot 7
WHEREAS, Grantee is authorized pursuant to NJ.S.A. 13:8B·1 ~ WIo to acquire historic
preservation easements to protect Morris County properties with historic, aesthetic or culrurnl
significance being tehabilitated, stabilized, restored and preserved through matching grants by the
Morris County Historic Preservation Trust Fund in order to assure the continued preservntion of
grant.assisted properties for the public benefit; and
WHEREAS, the Grantor is the sole and exclusive owner of the Property; and
WHEREAS, the Property possesses historic, aesthetic, or cultural significance to Grantor
and the people of the County of Morris and is listed individually and/or as part of a historic
district that is listed in the New Jersey Register of Historic Places and the National Register
of Historic Places; and
WHEREAS, Grantor and Grantee intend that the Property be preserved and maintained;
Page I of 16
NOW, THEREFORE, Grantor promises that the Property will be owned, used and
conveyed subject to, and not in violntion of, the following covenants and restrictions:
1. purpose. It is the purpose of this Easement to assure the preservation of the Property, to
prevent any use of the Property that is not historically appropriate or that is detrimental to or will
significantly impair or interfere with the historic fcutures and to assure thac public benefit continues
after the expenditure of the Grant. The historic features of the Property are documented in a
baseline inventory annexed hereto as Schedule B (hereinafter the "Protected Features") that the
parties agree to provide an accurate represent~tion of the Property at the time of this conveyance
and which shall serve as an objective information baseline for monitoting compliance with the terms
of this Deed.
2. Imn. This Easement shall become effective on October 22, 2012 (hereinafter the
"Effective Date") and shall, thereafter, remain in full force and effect for a period of thirty (30) years
until October 22, 2042.
3. Grantor's Obligations.
(a) Grantor shall perform the work items described in the Approved Project Description (Exhibir 2
to a scparate Granr Agreement executed b)' Grantor and Grantee) annexed hereto as Schedule C;
(b) The Baseline Inventory of Protected Features under this agreement is full)' set forth in Schedule
B, annexed to this agreement and incorporated herein. Grantor shall not demolish or remove the
Protected Features;
(c) Grantor shall not, without prior written approval of Grantee which will not be unrensonabl}'
withheld:
(i)
adversely affect or threaten tile structural soundness of tile Protected Features;
(u)
make lIny changes to the Protected Features including alteration, removal, construction,
remodeling, addition oE new structures or other physical or structural change, including
any change in color or surfllcing or any excavation or topographical change which affects
the appearance or construction of the Protected Features;
(iii)
attach to or erect anything on or ncar the Protected Features which would prolu"bit them
&om being visible from ground level, or compromise the historic aesthetic or culturnl
significance oE the Property except for temporary structures needed during any period oE
approved alteration or restoration.
Page 2 of 16
(iv) lease the Property in whole or in put.
(d) To prevent deterioration of the Property, Grantor shaD maintain the Protected Features and
Property in good condition at Grantor's cost and expense. "Good condition" means that the
Protected Features arc intact and structuraDy sound, there arc few or no cosmetic imperfections and
the feature needs no more than routine mainten.1nce.
(e) Grantor shaD be responsible for deliberate damage or destruction of Protected Features. If
Protected Features arc deliberately damaged or destroyed for any reason by the Grantor, or persons
acting on behalf of the Grantor, the Grantor shaD be responsible for financial reimburscmentto the
Grantee in accordance with the provisions of Paragraph 14. For purposes of this Easement,
deliberate damage or destruction may result from, but is not limited to, deferred maintenance,
demolition by neglect, and demolition.
(f) Grantor's obligation to maintain the Protected Features shaD require repL1cemcnt, repair, and
reconstruction by Grantor whenever necessnry and in acconlance with the approved maintenance
and preservation plans, subject to the casualty provisions of paragraphs 10 nnd 11. Grantor's
obligation to maintain the Property shaD also require d,at the Property's Inndscaping be maintained
in good appearance. The existing lawn areas shaD be maintained as lawns and regularly mown. The
existing meadows and open fields shaD be maintained as meadows and open ficlds , regularly
bcushhogged to prevent the growth of woody vegetation where none currendy grows.
(g) The dumping, abandonment or storage of ashes, crash, rubbish, or any other unsighdy or
offensive materials is prohibited on the Property;
(h) The Property sh:ill not be divided or subdivided in L1W or in fact and the Property shaD not be
devised or conveyed except as a unit;
(i) No above ground utility cransmission lines, except those reasonably necessary for the existing
buildings, may be created on the Property, subject to utility L'lIsements already recorded.
4. Grantor's Representations. Grantor represents that it is a municipal government \vidtin
Moms County.
5. Requests for Approval. Grantor must seck the npproval of Grantee required by
Paragraph 3(c) hereinabove by submitting to Grantee a request for approval in the fonn required by
Grantee. Grantor shnU submit to Grantee documents, including plans, specifications, and designs
where appropriate, describing the proposed nctivity with reasonable specificity. In connection
therewith, Grantor shaD also submit to Grantee Ii timetable for the proposed activity in a foan
acceptable to Grantee and sufficient to permit Grantee to monitor such activity.
6. Standards for Rsyjew. In exercising any authority created by this Easement to inspect the
Property or the Protected Features, to review and approve any construction, alteration, "'Pair,
addition of new structures or maintenance, or to review casualty damage or to reconstruct or
approve reconstruction of the Protected Features foUowing casualty damage, Grantee shaD utilize
The Secretary of the Interior's Standards for the Treatment of Hjstoric properties, (36 CFR 800 ~
SlI.)(hercinafter the "Standards"). To determine the appropriateness of Grantor's request for
approval submitted in accordance \vith Paragraph 4, Grantee may consult records documenting the
Page 3 of16
Property's nppcarnnce including photogrnphs nnd mc.uured drnwings, National or State Registers or
other survey data, historic structure reports, existing condition surveys nnd other reports filed or to
be filed at the County of Morris, New Jersey Historic Preservation Office and other appropriate
places within the State. Grantor agrees to abide by the Standards in performing aU repairs and
mainteJlJlnce.
7. Reserved Rights. Except as set forth in Paragrnph 3, the foUowing rights, uses, and
activities of or by Grantor on, over, or under the Property arc permitted by this Easement and by
Grantee \vithout further approval by Grantee:
(a) The right to engage in aD those acts and uses that: (i) arc permitted by governmental statute or
regulation; (n) do not materiaUy impair the Protected Features or the Property; and (lit) arc not
inconsistent \vith the purpose of this Easement;
(b) TI,e right to maint,1in and repair the Protected Features strictly according to the Standards. As
used in this Paragrnph, the right to maintain and repair shan mean the usc by Grantor of in·kind
materi"ls and colors applied in a workm.1n-like manner. The right to maintain and repair as used in
tltis parngrnph shan not include the right to make changes in appearance, materials, colors, and
workmanship from that existing prior to the maintenance and repair without the prior approval of
Grantee in accordance \vith the provisions ofParngrnphs 3, 4 and 5;
(c) The right to continue the existing usc and enjoyment of the Property consistent \vith the purpose
of this Easement; and
(d) TI,e right to conduct at or on the Property educational and nonprofit activities that arc not
inconsistent with the purpose of this Easement.
8. Public AccC;Ss, The property shaD be accessible by the public as specified in Schedule 0
annexed hereto.
9. Insumnce. Grnntor shan keep the Property insured by an insurance company authorized
to conduct business in the State of New Jersey against 1055 from the perils commonly insured under
standard fire and extended coverage policies in an amount sufficient to reimburse Grantee in the
amount of the Grant after an mortgagee clainu arc satisfied. Grnntor shan also carty comprehensive
general liability insurance against claims for personal mjury and death m an amount not less than
$1,000,000 per occurrence and $3,000,000 aggregate including property d:unage. Grantor shaD
deliver to Grantee, within ten (10) busmess days of the Effective Date, cettificates of such msurance
covernge. Each certificate shaD name the Grantee and its officers and employees as addition.ll
insured bei11g confirmed by policy endorsement, and shall cettify that covernge may not be cancelled
for any reason except after thirty (30) days written notice to Grantee.
to. Indemnificatign, Grantor shaD mdemnify and hold harmless the Grantee, the Board of
Chosen Freeholders, their Employees, Agents and Servants from and against any and aD losses,
penalties, damages, settlements, costs, charges, professional fees (mcluding attomeys' fees) or other
expenses of liabilities including the mvestigation and defense of any claims, arismg out of or
resulting from any act, omission, condition, or other matter rclnted to or occurring on or about the
Property, regardless of ",use, provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to miury to or destruction of tangible
Page 4 of 16
propctlY including the loss of the use resulting therefrom, and (b) is caused in whole or in part by
any ncglig~nt act or omission of the Grantor, or anyone directly or indirectly employed by them or
anyone for whose acts they may be w.ble (including a claim by an employee of the Grantor)
regardless of whether it is caused in part by a parlY indemnified hereunder.
In any and aU claims against CoonlY of Morris, th~ Board of Chosen Freeholders, their Employees,
Agents and Servants by any employees of the Grantor, anyone directly or indirectly employed by
them or anyone for whose acts they mny be liable, the indemnification obligation under this
Agreement shall not be limited in any way by any limitation on the nmount or type of damages,
compensation or benefits payable by or for the Grantor under worker's compensation acts, disability
benefit acts or other employee benefit acts.
11. Casualty Damn!!!! or Destruction. In the event the Protected Features shall be d,unaged
or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casuallY, Grantor
shall notify Grantee in writing within fourteen (14) days of the damage or destruction, such
notification describing what, if any, emergency work has nlready been completed. No repairs or
reconstruction of any type, other tllan temporary emergency work to prevent further cL~mage to the
Protected Features nnd to protect public snfelY, shall be undertaken b)' Grantor without Grantee's
prior written approval. Within thirlY (30) days of tile dale of damage or destruction, if required by
Grantee, Grantor nt its expense shnU submit to the Grantee a written report prepared by • qualified
restoClltion architect and an engineer acceptable to Grantor and Grantee, which report shnll include
the following:
(n) An assessrncnt of the nature and extent of the daRlllge;
(b) A determination of the feasibililY of the restoration of the Protected Features and reconstruction
of damaged or destroyed portions of the Protected Features; and
(c) A report of such restoration nnd reconstruction work necessary to return the Protected Features
to the condition existing intmediately prior to the damnge or destruction.
12. Review After CnsuallY Damalle or Destruction. If, nfter reviewing the report provided in
paragraph 10, Grantor and Grantee agree that the Purpose of the Easement will be served by such
restoration and reconstruction, Grantor and Grantee shall establish n schedule under which Grantor
shall complete the restoration and reconstruction of the Protected Features in accordance with plnns
and specifications agreed to by the parties.
If, after reviewing the report, Grantor and Grantee agree in writing that restoration and
reconstruction of the Properl}' is intpracticnl or intpossible, or agree in writing that the Purpose of
this Easement would not be served by such restoration and reconstruction, Grantor, may, \vith the
prior written consent of Grantee, alter, demolish, remove, or raze the Protected Features, and
construct new intprovements on the Properl}'. In this event, Grantor nod Grantee may agree to
extinguish this Ensement in whole or in part in accorebnce \vitll the Inws of tlte State of New Jersey
and Pnngraph 13.
13. Condemnation, If the Properl}' is taken, in whole or in part, by exercise of tlte power of
eminent domain, Grantee shall be entitled to compensation from Grantor in tlte amount of the
Grant.
Page S or 16
14. Extinl:Yjshment. If circumstances nrise in the future such as to render the purpose of
this Easement impossible to accomplish, this Easement may be terminated or extinguished by
Grantee and Grantee shall be entitled to compensation from Grantor in the amount of the Grant.
15. Subsequent Transfers. Grantor agrees to give written notice to Grantee of the transfer of
any interest in the Property at least thirty (30) days prior to the date of such transfer.
16. Inspectinn. At least annually, and upon prior reasonable notice to Grantor,
representatives of Grantee sh,ill be pennitted to inspect and photograph the Property, including the
Protected Features. Grantor agrees that it will not unreasonably withhold its consent in determining
dates lind times for such inspections.
17. Evidence of Compliance. Upon request by Grantee, Grantor shan promptly furnish
Grantee with written certifiClltion in the form required by Grantee that, to the best of Grantor's
knowledge, Grantor is in compliance with tile obligations of Grantor contained herein.
18. G!JlDtee's Remedjs.•. If Grantee determines that Grantor is in violation of the terms of
this Easement or that a violation is threatened, Grantee shan give written noDee to Grantor of such
violation and demand corrective action sufficient to cure the violation within the period of time set
forth in the notice and, where the violation involves injury to the Property resulting from any usc or
activity inconsistent with the purpose of this E:lscment, to restore the portion of the Property so
injured. Grantee may bring an action at law or equity in a court of competent jurisdiction to enforce
the terms of t1tis E.~sement, to enjoin the violation, tx parlt as necessa%}', by temporary or permanent
injunction, to recover any damages to which it may be entitled for a viol:ation of the terms of this
E:lscment or injury to any Protected Features protected by this Easement, and to require the
restoration of the Property to the condition that existed prior to any such injury. Without limiting
Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the
cost of undertaking any corrcctive action on the property. If Grantee, in its sole discretion,
determines thot circumslanceS require immediate action to prevent or mitigate significant damage to
the Protected Features of the Property, Grantee may pursue its remedies under this paragraph
without prior notice to Grantor. Grantee's rights under this paragraph apply equally in the event of
either actual or threatened violations of the terms of this E.~scment, and Grantor agrees that
Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that
Grantee shall be entitled to the injunctive relief described in tlus paragraph, in addition to such other
relief to which Grantee may be entitled, including specific performance of the terms of this
E.~sement, without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and
shill be in addition to all remedies now or hereafter existing at law or equity.
19. Amendment. If circumstances arise under which an amendment to or modification of
tltis Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly
amend this E.~ment. Any such amendment shall be consistent with the purpose of this Easement;
shan not pennit additional development on the Property other than the development pennitted by
this Easement on the Effective Dote; shan not permit nny private inurement to any person or entity;
and shan not adversely impact the Protected Features or the Property. Any such amendment shall be
recorded by Grantor at its cost lind expense in the county in which the Property is located. Nothing
in this Paragraph shan require Grantee to agree to any amendment or to consult or negotiate
regarding any amendment.
Page 6 or 16
20. ~ Grantor shaD pay before delinquency aD taxes, assessments, fees, nnd charges of
whatever description levied on or assessed against the Property by competent authority (coDectively
"taxes"), including noy taxes imposed upon, or incurred as a result of, this Easement, and shaD
furnish Grantee with satisfactory evidence of payment upon request.
21. Grantee's Djscretion. Enforcement of the terms of this Easement shaD be at the
discretion of Grantee, nod any forbearance by Grantee to exercise its rights under this Easement in
the event of any breach of any term of this Easement by Grantors shaD not be deemed or construed
to be a waiver bj' Grantee of such term or of any of Grantee's rights under this Easement. No delay
or onUssion by Grantee in the exercise of nny right or remedy upon IIny breach by Grantors shnD
impair such right or remedy or be construed as a waiver.
22. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this
Easement against Grantor, including, without limitation, costs of suit ond reasonable attorneys' fees,
and any costs of restorntion necessitated by Grantor's violation of dle terms of this Easement shaD
be borne bj' Grnntor.
23. Costs nnd Ijabilities. Grantor retains aD responsibilities and shoD bear nO costs and
liabilities of noy kind related to the ownership, operation, upkeep, and maintenance of the Property.
Grantor shill keep the Property free of any construction or mechanics liens arising out of Any work
performed for, m.~terials furnished to, or obligations incuaed by Grantor.
24. Written Notice, Any notice which either Gantor or Grantee may desire or be required
to give to the other party shaD be in writing and shaD be delivered by one of the foDowing methods
(i) overnight courier postage prepaid, (ii) registered or certified mail rerum receipt requested or, (iii)
hand delivery; if to Grantor, then to the Administrator, Townsbip of Montville, 195
Cbangebridge Road, Montville, NJ 07045, and if to Grantee, then to Director, Moals County
Department of Planning & Public Works, P.O. Box 900, Morristown, NJ 07963-0900, and County
Counse~ County of Morris, P.O. Box 900, Morristown, NJ 07963·0900.. Each party may change its
address set forth herein by a notice to such effect to the other party.
25. Notice from Goyernment Authoritie5. Grantor shaD delivcr to Grantee copies of nny
notice of violation or lien relating to the Property received bj' Grantor from any government
nuthorilj' \vitbin five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shaD
prompdy furnish Grantee with evidence of Grantor's compliance with such notice or lien where
complinnce is required by law.
26. Waiver of Certain Defense5. Grantors hereby waive any defense of laches,
prescription.
estoppe~
or
27. Recordation, Grantee shall record this instrument \vitb the County of Morris.
28. Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument nod shaD have no effect upon construction or
interpretation.
Page 7 ofl6
29. Successors. The covenants, tenns, conditions, and restrictions of this Easement shall be
binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns.
30. Subordination, At the time of the conveyance of this Easement, the Property is subject
to a Mortgage/Deed of Trust held by
(hereinafter,
"Mortgagee" /"Lender"). The Mortgagee/Lender joins in the execution of this Easement to evidence
its agreement to subordinate the Mortgage to this Easement under the following conditions and
stipulations:
(a) the Mortgagee/Lender and its assignees shall have a prior claim to all insurance proceeds as a
result of any casunlty, hazard, or accident occuaing to or about the Property and the proceeds of
any condemnation proceeding, and shall be entitled to same in preference to Grantee until the
Motlgnge/the Deed of TN5t is paid off and diseharged, notwithstanding that the Mortgage/the
Deed of Trust is subordinate in priority to the Easement.
(b) If the Mortgngee/Lender receivC5 an assignment of the lease, rents, and profits of the Property
.s security or additional security for the loan secured by the Mottgage/Deed of Trust, then
Mortgngee/Lender shall have prior cL'Iim to the leases, rents, and profits of the Property and shall be
entitled to receive same in preference to Grantee until the Mortgagee's /Lender's debt is pllid off or
otherwise satisfied, notwithstanding that the Mortgage/Deed of Trust is subordinate in priority to
the Easement
(c) The Mortgngee/Lender or purchaser in foreclosure shall have no obligntion, debt, or liability
under the Easement until the Mortgagee/Lender or a purchaser in foreclosure under it obtllins
ownership of the Property. In the event of foreclosure or deed in lieu of foreclosure, the Easement
is not extinguished.
(d) Nothing contllined in this Easement shall be construed to give nny Mortgngee/Lender the right
to vioL~te the terms of this Easement or to extinguish this Easement by taking title to the Property
by foreclosure or otherwise.
Page 8 or 16
Grantor. Grantee and. if applicable. Mortgagee sign this Deed of Easement as of the date at
the top of the first page. If the Grantor is a cOIporation. this Deed of Easement is signed and
attested to by ilS proper cOIporate officers and ilS cOIporate scal is affixed.
ATTEST:
GRANTOR:
___________________
B~,
Print Name:
Print Name:
Tide:
Tide:
ATTEST:
GRANTEE:
By:____________
Print Name:
Freeholder Director
Print Name:
Tide:
Title:
ATTEST:
MORTGAGEE:
By: _ _ _ _ _ _ _ __
Print Name:
Print Name:
Tide:
Tide/Firm:
Page 90f 16
STATE OF NEW JERSEY
SS
COUNTY OF MORRlS
I certify that on
(cL,le), -:-_-:-_ _----:--:--:-----:-___ personaUy
came before me and this pctSon acknowledged under oath 10 my satisfaction that:
(0)
this person is the _ _ _ _ _ _ _ _ _ _ _ _ of Township of Montville, the
Grantor in this agreement.
(b)
this person is the allesting witness to the signing of this Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ (nnme) who is the
of
Township of Montville.
(c)
this Agreement was signed nnd delivered by Township oC Montville as its voluntnry nct
duly authorized by a proper resolution of irs Governing Body.
Signed and Sworn to before me on
Not1ty Public
STATE OF NEW JERSEY
SS:
COUNTY OF MORRIS
I certify th.,t on
(date) ,
personally came before me and this person acknowledged under oath to my satisfaction that:
(n)
this person is the secretary to the Morris County Board of Chosen Freeholders, the Grantee
in this agreement;
(b)
this person is the attesting witness to the signing of this Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ _ (name) who is the Freeholder Director;
(c)
this Agreement was signed nnd delivered by the Morris County Board of Chosen
Freeholders ns its volunt.1ty nct duly authorized by a proper resolution of the Board.
Notary Public
Page 10 of 16
SCHEDULE A
Historic Preservation Easement
Legal Description of Property
Tax Mnp Reference:
Township of Montville. County of Moros
Block 56, Lot 7
The property consists of the tmct or parcel of !nnd situated in the Township of Montville. County
of Moros. State of New Jersey known as Montville Schoolhouse No. 10.
ALL that ccrtnin tract or pnrccl of land situate. lying and being in the Township of Montville.
County of Morris. and State of New Jersey. being more particularly described as fonows:
Poge 11 of 16
SCHEDULEB
MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND
HISTORIC PRESBRVATION EASBMENT
BASBUNE INVENTORY OF PROTBCTBD FEATURES
PROPERTY NAME
MontviUe Schoolliouse No. 10
PROTECTED PROPERTY FEATURES
1L
SITE FEATURES (if not applicable, go to Exterior):
Nntuml Features
Trees/Shrubs:
Lawns/Vegetation/Ground Cover:
Strenms/Ponds/Wedands:
N.l.Jj. Topograpbicnl Features:
w..A Other:
Hid
N.LA
Hid
Manmade Features
Benches/Site Furnishings/Gazebos:
N.l.Jj. Fences/WaDs/Gates:
w..A Drain Inlets/Catch Basins/Drain Pipes:
Hid Ronds/Driveways/Sidewalks:
N.l.Jj. Parking Lots:
A
Curbs: ADA Rnmp
lUi Signs:
liLA Archaeological Resources:
N.LA Other:
w..A
Other
A
A
All other SITE features referenced in documents rued or to be rued at the
County of Moms, including grant applications made to the Moms County
Historic Preservation Trust Fund, including aU future amendments.
EXTERIOR FEATURES (If Dot applicable, go to loterior):
List building(s) proteeted by Easement:
MODtviUe Schoolliouse No. 10
Page 12 of 16
(The below f..":!lUres refer to Montville Schoolhouse No. 10 unless olberwise noted)
Roof
X
X
X
X
X
X
X
X
NLL\
Roof Covering: Exterior Restoration
Roof ShC2lhing: Exterior Restoration
Flashing: Exterior Restoration
Chimneys: Exterior Restoration
Roof Penett:ltions/Decorations: Exterior Restoration
Gutters/Downspouts: Exterior Restoration
Comice: Exterior Restoration
Trim: Exterior Restoration
Olber.
Facades
X
Walls: Exterior Restoration
X
Windows (Openings/Frnmes/Sash/Trim): Exterior Restomtion
X
Doors (Openings/Framc../Door Units): Exterior Restoration
X
Attachments (Shutters/Signs/Awnings): Exterior Restoration
X
Foundation: Exterior Restoration
NLA adler.
Appurtenances
Steps/Stairs:
Nib. Landings/Slabs:
Ni11 Porches:
Nib. Balconies:
Nib. Light FixlUres:
N/A Olber.
WJ1
Olber
.x.
.x.
X
AU supporting structural members
AU olber E..'\.'TERIOR fcatur.... referenced in documents rued or to be rued
lit Ibe County of Moms, including grant applications made to Ibe Moms
County Historic Preservation Trust Fund, including aU future .mendments.
INTERIOR FEATURES
List space(s} in building(s} protected by casement. (Include name of building if more Iban
one. Spaces lite marked and delinCllted on attached floor plan(s)}
Finishes
X
Floots: Interior Restoration
X
WaDs: Interior Restoration
Ccilings: Interior Restoration
X
X
Molding/Trim: Interior Restoration
Nib. Olber:
Page 13 of 16
Openings
X
Doors/Door Hanhvnre: Interior Restoration
A
Door Frames: Interior Restoration
X
Windows/Window Hardware: Interior Restoration
X
Window Frames: Interior Restoration
N.1.l. Other:
Other Features
Stairs (Camage/Railings):
~ Fireplaces (Hearth/Mantel/Surround):
N.J..,a Built-in Features:
X
Others: Electrical Upgmde
N.1.l.
X
X
All supporting structural members
All other INTERIOR features referenced in documents filed or to be filed at
the County of Moms, including the gmnt application made to the Moms
County Historic Preservation Trust Fund, including all future amendments.
BASEUNE DOCUMENTATION OF PROPERTY
As per Paragraph 5 of casement, County of Moms mny consult records documenting the
)'ropcrty's appearance and condition filed or to be filed at dIe County of Morris, New Jersey
Historic PresCfVation Office and At odler places within the State.
BeCAuse existing documentation m.~y not continue to reflect the actual appearance and
condition of the property at the time of project completion, it will be supplemented by
baseline infonnation provided in the Progress Reports andl or documentation submitted by
the Grantor.
Overview of Existing Documentation
1.
Preservation Plans:
(no Preservation Plan on file)
2.
Architectural Drawings:
Phase IlJ - Accessibility Project, Drawings and Specs, prepared by HJGA, dated
11 / 10/ 05.
Restoration and Rehabilitation, Drawings & Specs, prepared by Connolly &
Hickey, dated 7/ 31 / 10.
3.
Photogmphs:
All as submitted by the Grantor as related
[0
the 2005, 2007, 2008 grant applications.
Page 14 of 16
SCHEDULEC
Morris Couuty Historic PresCl'Vation Trust Fund
Historic Preservatiou EasClDent
Scope of Work to be Completed with Grant Funds
2005 Orant: $17,196
2007 Orant: $72,000
2008 Orant: $125,000
The 2005 construction grant provided for an ADA ramp.
The 2007 grant provided for exterior restoration including the cupola.
The 2008 grant included the repair of masonry waIls and chimney; restoration and repainting of
interior waIls, windows, doors, trim and interior; electrical upgrade, and associated architectural
construction administration and paint analysis fees.
Page IS of 16
SCHEDULED
Morris CoUDty Historic Preservation Trust Fund
Requirements for Public Access and Use
=.....,x~ As
this Property IS now ACCESSIBLE to the public, no additional access is required. The
SITE of the Propert)' must rem.~in generally accessible to the public for the term of this easement.
_ _ _ As dus Propett)' IS NOT now ACCESSIBLE to the public, public openings nrc required.
The (SITE nnd/or INTERIOR) of the Property is/are to be open to the public a minimum of 6
hours a dal' :It reasonable spaced intervals a minimum of 12 days in nny calendar year during the
term of this E.~sement specified in Paragraph 2. If the hours of public access nrc not permanendy
posted or additional hours arc required under this Easement, 0 sign odvertising each opening is to be
mainlllined on dle property in public view beginning one week before, and on the day of public
access, or public notice is to be placed in an appropriote local newspaper.
Page 160f 16
COUNTY OF MORRIS
Bonnl orChosen Freeholders
Director
Knthryn A. DcFIIIlppo
Deputy Director
BnnkLyon
P.O. Box 900
County Admlnbtmtor
Jolm Bonanni
Morristown, New Jersey 07968-0900
Director
Dc:c:na Leaf)'
973-829-8120
FAX 97S-S26-!J()25
dlCll1')'Cco.morris.nj.us
Douglas R. Cabonn
John CCSIU'O
l1,omas J. loIastrungelo
Christine 111)'1:1'8
Dcbora:h Smith
January 28, 2016
Ms. June Hercek
Montville Township
Montville, NJ 07045
Re:
Hendrik Doremus House
Dear Ms. Hercek:
Enclosed please find the Historic Preservation Easement for the Hendrik Doremus House. lbe 2004 and
2006 historic preservation grants for the Hendrik Doremus House included the easement that must be
executed between Montville Township and Morris County.
Please execute the Easement (as authorized by municipal resolution), completing the property
description (Schedule A) and confirming the protected features (Schedule B). Please include also a
Certificate of Liability Insurance and an Endorsement Form for the property per paragraph 9 of the
easement. Please note the Township must have primary general liability policy with a $1,000,000 limit
per occurrence and a $3,000,000 aggregate limit. lbe Certificate Holder and additionally insured should
state: County of Morris. P.O. Box 900. Morristown. NJ 07963-0900.
Kindly return the executed Easement and Insurance certificate by March ,. 2016 to:
Ray Chang, P.P., Program Coordinator
P.O. Box 900
Morristown, NJ 07963·0900
There are easement monitoring forms including the Request for Approval, Annual Report, Photo Format
forms on our website hIlD:lfmorrisplanning.orglforms.asp under Historic Preservation for your future
use.
omce locolA:d ot 30 &hnyler Place. r'Ourth Floor. Morristown. New Jersey
\\'\\~\·.r.lorrisCountyNJ.gO\·
If you have any questions or if you are in need of additional infonnation please feel free to contact me.
Thank you,
Sincerely,
ay Chang, P.P.
Program Coordinator
Record and Return to:
John A. N.polilano, Esq.
Monis County Counsel
P.O.80x9OO
Morrislown, NJ 07963
Prepared by:
THIS DEED OF HISTORIC PRESERVAnON EASEMENT made --::_---,-_ __
(d1te) between Township ofMontviUe, having an address at 195 Cbangebridge Road, MontviUe,
And MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS, having an address at
P.O. Box 900, Momstown, NJ 07963..Q900, hereinafter referred to as the "Grantee".
Grantor grants and conveys to the Grantee a historic preservarion casement (hereinafter the
"Easement") on Gmntor's property located in the Township of Montville, County of Moms, more
fully described in Schedule A annexed hereto (hereinafter the "Property") for and in consideration
of the sum of ONE DOU.AR ($1.(JO) and a matching grant from Grantee to restore, rehabilitate,
sllIbilize, and/or preserve the Property for the continuing benefit of the people of the County of
Moms (hereinafter the "Grant").
The tax map reference for the Property is:
Block 39.10, Lot 66.1
WHEREAS, Grantee is authorized pursunnt to N.J.S.A. 13:8B-l ~ il:lj. to acquire historic
preservation casements to protect Moms County properties with historic, aesthetic or cultural
significance being rehabilitated, stabilized, restored and preserved through matching grants by the
Morris County Historic Preservation Trust Fund in order to assure the continued preservation of
grant-assisted properties for the public benefit; and
WHEREAS, the PropcIty possesses historic, aesthetic, or cultural significnnce to Grantor
and the people of the County of Moms and is listed individuaUy and/or as part of a historic
district that is listed in the New Jersey Register of Historic Places and the National Register
of Historic Places; and
WHEREAS, GClntor and Grantee intend that the Property be preserved and maintained;
Page I or 16
NOW, THEREFORE, Grantor promises that the Property will be owned, used lind
conveyed subject to, and not in violation of, the fonowing covenants lind restrictions:
1. Putll0se. It is the purpose of this Easement to IIssure the preservation of the Property, to
prevent an)' usc of the Property that is not historically appropriate or that is detrimental to or will
signi6c,mdy impair or interfere with the historic features and to assure that public bene6t continues
afrer d,e expenditure of the Grant. The historic featurcs of the Property are documented in II
baseline inventory annexed hereto as Schedule B (hereinafter the "Protected Features") that the
parries agree to provide an accurate represent.~tion of the Property at d,e time of this conveyance
and which shall serve as an objective information baseline for monitoring compliance ,vith the terms
of this Deed.
2. Thmi. TIus Easement shnU become effective on June 25, 2009 (hereinafter the "Effective
Date") and shnU, thereafter, remain in full force and effect for a period of thirty (30) years until June
25,2039.
3. Grantor's Obligjllions.
(a) Grantor shan perform the work items described in the Approved Project Description (Exhibit 2
to a separate Grant Agreement executed by Grantor and Grantee) annexed hereto as Schedule C;
(b) The Baseline Inventory of Protected Features under this agreement is fully set forth in Schedule
B, annexed to this agreement and incorporated herein. Grantor shnU not demolish or remove the
Protected Features;
(c) Grnntor shall not, without prior written approval of Grantee which \VilJ not be unreasonably
,vithhcld:
(i)
adversc:ly affect or threaten the structural soundness of the Protected Features;
(iJ)
make any changes to the Protected Features including alteration, removal, construcrion,
remodeling, addition of new structures or other physical Or structural change, including
any change in color or surfacing or any eXc.1Vation or topographical change which affects
(iii)
attach to Or erect anything on or near the Protected FeatureS which would prolubit them
from being visible from ground leve~ or compromise the historic aesthetic or cultural
significance of the Property except for temporary structures needed during any period of
approved alteration or restorntion.
Page 2 ofl6
(iv)
lease the Property in whole or in p:ut.
(d) To prevent deterioration of the Property, Grantor shaD mnintain the Protected Features and
Property in good condition at Grantor's cost and expense. "Good condition" means that the
Protected Features nrc intact and structuraDy sound, there nre few or no cosmetic imperfections and
the feature needs no more than routine maintenance.
(e) Grantor shall be responsible for deliberate damage or destruction of Protected Features. If
Protected Features nrc deliberately damaged or destroyed for any reason by the Grantor, or persons
acting on behalf of the Grantor, the Grantor shaD be responsible for financial reimbursement to the
Grantee in accordance with the provisions of Pnrngrnph 14. For purposes of this E:iscment,
deliberate dam.~ge or destruction may result from, but is not limited to, deferred maintenance,
demolition by neglect, and demolition.
(f) Grantor's obligation to mnintain the Protected Fe.tures shaD requirc replacement, repair, and
reconstruction by Grantor whenever necessary and in accordance with the approved maintenance
and preservation plans, subject to the casualty provisions of paragraphs 10 and 11. Grantor's
obligation to maintain the Property shaD also require dlnt the Property's landscaping be maintained
in good appearance. The existing lawn areas shaD be m.~tained as lawns and regularly mown. The
existing meadows nnd open fields shaD be mnintained .s meadows and open fields, regularly
brushhogged to prevent the growth of woody vegetation where none currendy grows.
(g) The dumping, abandonment or storage of ashes, trash, rubbish, or any other unsighdy or
offensive materials is prohibited on the Property;
(h) The Property shaD not be divided or subdivided in law or in fact and the Property shaD not be
Q) No above ground utility transmission lines, except those reasonably necessary for the existing
buildings, may be created on the Property, subject to utility easements already recorded.
4. G(jIntor's Rc:presenrations. Grantor represents that it is a municipal government within
Morris County.
S. Requests for Approval. Grantor must seck the approval of Grantee required by
Paragraph 3(c) hereinabove by submitting to Grantee a request for npprovnl in the form required by
Grantee. Grantor shaD submit to Grantee docUOlents, including plnns, specifications, and designs
where appropriate, describing the proposed activity with reasonable specificity. In connection
therc\vith, Grantor shaD nlso submit to Grantee a timetable for the proposed activity in a form
acceptable to Grantee and sufficient to pcrtnit Grantee to monitor such activity.
6. Stand.mls for Review. In exercising any authority created by this Easement to inspect the
Property or the Protected Features, to revic\v and approve any construction, alteration, repair,
addition of ne\v structures or mnintenance, or to review CllSunlty damage or to reconstruct or
approve reconstruction of the Protected Features foDowing casualty damage, Grantee shaD utilize
The SecretaC)' of the Interior's Sl!\ndards for the Trcahncgt of Historic properties, (36 CPR 800 J:!
KlI.)(hcreinafter the "Standards"). To determine the appropriateness of Grantor's request for
approval submitted in accordance ,vith Paragraph 4, Grantee may consult records documenting the
Pagel of 16
Property's appearance including photographs and measured drawings, National or State Registers or
other survey data, historic structure reports, existing condition surveys and other reports filed or to
be filed at the County of Morris, New Jersey Historic Preservation Office and other appropriate
places within the State. Grnntor ngrees to abide by the Standards in performing all repairs and
maintenance.
7. Reserved Rights. Except as set forth in Pangraph 3, the following rights, uses, and
activities of or by Grantor on, over, or under the Property arc peanitted by this Easement nnd by
Grnntee without further approval by Grantee:
(a) The right to engage in all those acts and uses that: (i) nre peanitted by governmental statute or
regulation; (ti) do not materi.~lly impair the Protected Features or the Proper!)'; and (iii) arc not
inconsistent \vith the purpose of this E2sement;
(b) The right to maint.~ and repair the Protected Features strictly according to the Standards. As
used in this Parngraph, the right to maint.~ nnd repair shall mean the usc by Grnntor of in-kind
materials and colors applied in a workman-like manner. The right to maintain and repair as used in
tlUs paragraph shall not include tl,e right to make changes in appearance, materials, colors, and
workmanship from that existing prior to the maintenance and repair Witl,out the prior approval of
Grantee in accordance with the provisions of Paragraphs 3, 4 and 5;
(c) The right to continue the existing usc nnd enjoyment of the Property consistent \vith the purpose
(d) The right to conduct at or on the Propert)' L-ducntional and nonprofit activities thnt arc not
inconsistent \vith the purpose of this Easement.
S. public Access, The property shall be accessible by the public as specified in Schedule 0
annexed hereto.
9. Insur;!Oce, Grantor shall keep the Property insured by an insurance company authorized
to conduct business in the State of New Jersey against loss &om tl,e perils commonly insured under
amount of the Grant after all mortgagee claims arc satisfied. Grantor shall also carry comprehensive
general liability insurance against claims for personal injury and death in an amount not less than
$1,000,000 per occurrence and $3,000,000 aggregate including property dam.~ge. Grantor shall
deliver to Grantee, \vithin ten (10) business days of the Effective Date, certificates of such insurance
coverage. Each certificate shall name the Grantee and its officers and employees as additional
insured being confirmed by policy endorsement, and shall certify that coverage may not be cancelled
for any rcason except after thirty (30) days written notice to Grantee.
10. IndemnifiQltion, Grantor shall indemnify nnd hold harmless the Grantee, the Board of
Chosen Freeholders, their Employees, Agents and Servants from and against any and all losses,
penalties, damages, settlements, costs, ch.uges, professionnl fees (Including attorneys' fees) or other
expenses of liabilities including the investigation and defense of any claims, arising out of or
resulting &om any act, omission, condition, or other matter rclated to or occurring on or about the
Property, regardless of cause, provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible
Page4ofl6
property including the loss of the usc resulting therefrom, and (b) is caused in whole or in part by
any negligent act or omission of the Grantor, or anyone direcdy or indirecdy employed by dtem or
anyone for whose acts they may be liable (including a claim by an employee of the Grantor)
regardless of whether it is cAused in part by a party indemnified hereunder.
In any and all claims against County of Morris, the Board of Chosen Freeholders, their Employees,
Agents and SC[vRDts by any employees of the Grantor, anyone directl)' or indirectly employed by
them or anyone for whose acts they may be liable, the indemnification obligation under this
Agreement shall not be limited in nny way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the Grantor under worker's compensation acts, disability
benefit acts or other employee benefit ncts.
11. Casunlty Damage or Destruction. In the event the Protected Features shaD be damaged
or destroyed by fire, flood, windstonn, hurricane, earth movement, or other like casualty, Grantor
shall notify Grantee in writing within fourteen (14) d.1)'S of tlte damnge or destruction, such
notification describing what, if any, emergency work has alread), been completed. No repairs or
reconstruction of any type, other than temporary emergency work to prevent further damage to the
Protected Features and to protect public safety, shaD be undertaken by Grantor without Grantee's
prior written approval. Within thirty (30) days of tlte date of dam.1ge or destruction, if required by
Grantee, Grantor at its expense shall submit to dte Grantee a written report prepared by n qualified
restoration architect and an engineer ncceptnble to Grantor and Grantee, which report shall include
the foDowing:
(a) An assessment of the nature and extent of the damage;
(b) A determination of the feasibility of the restoration of the Protected Features and reconstruction
(c) A report of such restoration nnd reconstruction work necessary to return the Protected Features
to the condition existing immediately prior to the damage or destruction.
12. Review After Cnsualty Damage or Destruction. If, after reviewing the report provided in
paragraph 10, Grantor and Grantee agree dtat the Purpose of dte Easement will be se[Ved by such
restoration and reconstruction, Grantor and Grantee shaD establish a schedule under which Grantor
shall complete the restoration and reconstruction of the Protected Features in accordance \vith plnns
If, after reviewing the report, Grantor and Grantee agree in writing that restoration and
reconstruction of the Property is impractical or impossible, or agree in writing that the Purpose of
this Easement would not be se[Ved by such restoration and reconstruction, Grantor, may, \vith the
prior written consent of Grantee, ilter, demolish, remove, or raze the Protected Features, and
construct new improvements on the Property. In this event, Grantor and Grantee may agree to
extinguish this Easement in whole or in part in Accordance \vith the laws of the State of New Jersey
and Paragraph 13.
13. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of
eminent domain. Grantee shaD be cRtided to compensation from Grantor in the amount of the
Grant.
Page 5 of 16
14. ExtinlPJishmegt. If circumst.~nces arise in the future such as to render the purpose of
this Easement impossible to accomplish, this Easement may be terminated or extinguished by
Grantee and Grantee shall be entided to compensation from Grantor in the amount of the Grant.
15. Subsequc;gt Transfers. Grantor agrees to give written notice to Grantee of the transfer of
16. Inspection. At least annually, and upon prior reasonable notice to Grantor,
representatives of Grantee shall be permitted to inspect and photograph the Property, including the
Protected Features. Grantor agrees that it will not unreasonably withhold its consent in determining
dates and times for such inspections.
17. Evidence of CnmpHance. Upon request by Grantee, Grantor shall prompdy furnish
Grantee with written certi6cation in d,e form required by Grantee that, to the best of Grantor's
knowledge, Grantor is in compHance with the obligations of Grantor contained herein.
18. Grantee's Rcmedi!:!j. If Grantee determines that Grantor is in violation of the terms of
this Easement or that a viol.tion is threatened, Grantee shall give written notice to Grantor of such
violation and demnnd corrective action sufficient to cure the violation \vithin the period of time set
forth in the notice and, where the violation involves injury to the Property resulting from nny usc or
activity inconsistent with the purpose of dtis Easement, to restore the portion of the Property so
injured. Grantee may bting an action at L~w or equity in a court of competent jurisdiction to enforce
the terms of this Easement, to enjoin the violation, ex parle as necessary, by temporary or permanent
injunction, to recover any damages to which it may be entided for a violation of the tenns of this
Ensement or injury to any Protected Features protected by this Easement, and to require the
Grantor's Hability therefore, Grantee, in its sole discretion, m.~y apply any damages recovered to the
cost of undertaking any corrective action on the property. IC Grantee, in its sole discretion,
determines that circumstances require intmedinte action to prevent or mitigate significant damage to
the Protected Features of the Property, Grantee may pursue its remedies under this paragraph
without prior notice to Grantor. Grantee's rights under this paragraph apply equally in the event of
either actual or threatened violations of the terms of this Easement, and Grantor agrees that
Grantee's remedies at L~w for any violntion of the terms of this E.~sement are inadequate and that
Grantee shall be entided to the injunctive relief described in this paragraph, in addition to such other
relief to which Grantee may be entitled, including speci6c performance of the terms of this
Easement, without the necessity of proving either actual damnges or the inadequacy of othcnvise
avaiL~ble legal remedies. Grantee's remedies described in dtis paragraph shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or equity.
19. Amc;ndment. If circumstances arise under which an amendment to or modification of
this Easement would be appropriate, Grantor nnd Grantee may by mutual wriuen agreement joindy
amend this Easement. Any such amendment shall be consistent with the purpose of this E.~scmcnt;
shall not permit additional development on the Property other than the development permitted by
this Easement on the Effective Dnte; shall not permit any private inurement to any person or entity;
and shall not adversely impact the Protected Features or the Property. Any such amendment shall be
recorded by Grantor at its cost and expense in the county in which the Property is located. Nothing
in this Paragraph shall require Grantee to agree to any amendment or to consult or negotiate
regarding any amendment.
Page 6 of 16
20. ThlIs:L. Grantor shall pny before delinquency all taXes, assessments, fees, and charges of
whatever description levied on or nsscssed against the Property by competent authority (collectively
"tnxes"), including nny taXes imposed upon, or incurred as a result of, this Easement, and shall
furnish Grantee with satisfactory evidence of payment upon request.
21. Grontee's Discretion, Enforcement of the terms of this Ensement shall be at the
discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in
the event of nny breach of any term of this E.~sement by Grantors shnll not be deemed or construed
to be a waiver by Grantee of such term or of any of Grantee's rights under this Easement. No delay
or omission by Grantee in the ..'(ercise of nny right or remedy upon nny breach by Grantors shall
impair such right or remedy or be construed ns a waiver.
Easement against Grantor, including, without limitation, costs of suit and rensonable attorneys' fees,
and any costs of restoration necessit.~led by Grantor's violation of the terms of this Easement shall
be borne by Granlor.
23. Cost:; nnd fjabilities. Grantor ret.~s all responsibilities and shnU bent all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Properry.
Grantor shall keep the Property free of Any construction or mechanics liens arising out of any work
performed for, materials furnished to, or obligntions incurred by Grantor.
24. Written Notice. Any notice which either Grantor or Grantee may desire or be required
to give to the other patty shall be in writing nod shnll be delivered by one of the follO\viog methods
(I) overnight courier postnge prepaid, (Ii) regislered or certified mail return receipt requested or, (w)
hand delivery; if to Grantor, then to the Administrator, Township of Mootville, 195
Chaogebridge Road, MootviUe, NJ 07045, nnd if to Grantee, then to Director, Morris County
Department of Planning & Public Works, P.O. Box 900, Morristown, NJ 07963.0900, and County
Counsel, County of Morris, P.O. Box 900, Morristown, NJ 07963·0900.. Each party may change its
address sct forth herein by n notice to such effect to the other patty.
25. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any
notice of violntion or lien relating 10 the Property received by Grantor from nny governmeot
authority within five (5) dIlys of receipt by Grantor. Upon request by Grantee, Grantor shall
promptly furnish Grantee with evidence of Grantor's compliance ,vith such notice or lien where
compliance is required by law.
26. Wgive! of Certain Defen5!!S, Grantors hereby waive any defense of Inches, estoppel, or
prescription.
27. Recordation. Grantee shall record this instrument with the County of Morris.
28. Cgptions. The captions in this instrument have been inserted solely for convenience of
reference and are not n part of this instrument and shall have no effect upon construction or
intcrpretntion.
Page 7 0[16
29. Succe..ors. The covenants, tenns, conditions, nnd restrictions of this Easement shill be
binding upon, nnd inure to the benefit of the patties hereto and their respective personal
representntives, heirs. successors, nnd assigns.
30. Subordinatinn, At the time of the conveyance of this Easement, the Property is subject
to a Mortgage/Deed of Trust held by
(hercinnfter,
"Mortgagee" /"Lender"). The Mortgagee/ Lender joins in the execution of this Easement to evidence
its agreement to subordinnte the Mortgage to this Easement under the following conditions nnd
stipulations:
(a) the Mortgagee/Lender and its assignees shnll have a prior claim to aU insurance proceeds ns n
result of an)' casunlty, hazard. or accident occurring to or nbout the Property nnd the proceeds of
nny condemnation proceeding, and shill be entitled to same in preference to Grantee until the
Mortgage/the Dcsd of Trust is paid off nnd discharged, nOt\vithstanding that the Mortgage/the
Deed of Trust is subordinate in priority to the Easement.
(b) If the Mortgagee/Lender receives nn assignment of the lease, rents, and profits of the Property
ns security or additional security for the loan secured by the Mortgage/Deed of Trust, then
Mortgagee/Lender shaU have prior claim to the leases, rents, and profits of the Property and shaU be
entitled to receive snme in preference to Grantee until the Mortgagee's /Lender's debt is paid off or
otherwise satisfied, not\vithsmnding that the Mortgage/ Deed of Trust is subordinate in priority to
the Easement.
(c) The Mortgagee/Lender or purchaser in foreclosure shaU have no obligation, debt, or liability
under the Easement until the Mortgagee/Lender or a purchnser in foreclosure under it obtains
ownership of the Property. In the event of foreclosure or deed in lieu of foreclosure, the Easement
is not extinguished.
(d) Notlling contained in this Easement shaU be construed to give nny Mortgagee/Lender the right
to violate the terms of this Easement or to extinguish this Easement by Inking title to the Property
by foreclosure or otherwise.
Page 8 of 16
Grantor, Grantee and, if applicable, Mortgagee sign this Deed of Easement as of the date at
the top of the first J>lIge. If the Grantor is a corporation, this Deed of Enscment is signed and
attested to by its proper corporate officers and its corporate seal is affixed.
ATTEST:
GRANTOR:
By:_ _ _ _ _ _ _ __
Print Name:
Print Name:
Title:
Tide:
ATTEST:
GRANTEE:
______________
B~;
Print Name:
Freeholder Director
Print Name:
Title:
Title:
ATTEST:
MORTGAGEE:
By: ___________________
Print Name:
Print Name:
Title:
Title/Firm:
Page 9 ofl6
STATE OF NEW JERSEY
SS
COUNTY OF MORRIS
I certify that on
(date), _ _ _ _ _ _-,---_ _ _ _ _ personally
came before me IIJId this person acknowledged under oath to my satisfaction that:
(a)
this person is the _ _ _ _ _ _ _ _ _ _ _ _ of Township of MODtviU., the
Grantor in this Agreement.
(b)
this person is the attesling witness 10 the signing of this Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ (name) who is the
of
Township of MontviUe.
(c)
this Agreement was signed and delivered by Township of Montville as its voluntary act
duly nuthorized b)' a proper resolution of its Governing Body.
Signed nnd Sworn to before me on
Notary Public
STATE OF NEW JERSEY
ss:
COUNTY OF MORRIS
I certify thAt on
(date) , _ _ _ _ _ _ _ _ _ _ _ person:\Uy
came before me nnd this person acknowledged under oath 10 my satisfaction that:
(a)
this pc£son is the secretary 10 dIe Morris County Board of Chosen Freeholders, the Grantee
in this agreement;
(b)
Ihis person is dIe nllesling wimess 10 the signing of this Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ _ (name) who is the Freeholder Direclor;
(c)
this Agreement was signed and delivered by the Morris County Board of Chosen
Freeholders as its volunt.~ry act duly authorized by a proper resolution of the Board.
Signed and Sworn 10 before me on
Notary Public
Page 10 of16
SCHEDULE A
True Map Reference:
Township of MontviUe, County of Morris
Block 39.10, Lot 66.1
The property consists of the tract or parcel of bnd situated in the Township of MontviUe, County
of Morris, St.1te of New Jersey known:lS Hendrik Doremus House.
ALL that cerL'Iin tract or parcel of L1nd situate, lying and being in the Township of MontviUe,
County of Morris, and State ofNcw Jersey, being more particularly described as foUows:
Page II ofl6
SCHEDULEB
MORRIS COUNTY HISTORIC PRESERVAnON TRUST FUND
HISTORIC PRESERVATION EAsEMENT
BASELINE INVENTORY OF PROTECTED FEATURES
PROPERTY NAME
PROTECIEDPROPERJyFEATUBES
lL
Nntural Fe.1tures
Trees/Shrubs:
X
Lawns/Vegetation/Ground Cover: Site grading
NLd Strenms/Ponds/Wetlnnds:
NLa Topographical Features:
NLd Other.
NLd
Manmade Features
Benches/Site Furnishings/Gazebos:
Fences/WaDs/Gntes:
Drnin Inlets/Catch Basins/Drain Pipes: Underground drainage
Roads/Driveways/Sidewalks:
Parking Lots:
Curbs:
Signs:
N.i.lJ. Archaeological Resources:
I:il.i Other.
NLd
NLd
X
NLd
NLa
I:il.i
NLd
Other
X
X
All other SITE features referenced in documents filed or to be filed at the
County of Moais, including grant applications mnde to the Moais County
Historic Preservntion Trust Fund, including all future amendments.
EXTERIOR FEATURES (If not applicable, go to Interior):
List building(s) protected by Easement:
Page 12 of 16
(The below features refer to HeDdrik Doremus House unless otherwise noted)
Roof
X
X
X
X
X
X
X
X
l:Ud
RooE Covering: Roof Repbcement
RoofShcathing: Roof Repbcemcnt
Fl2shing: Roof Repl2cement
Chimneys: RooEReplacement
Roof Penetations/Decorations: Roof Repl2cement
Gutters/Downspouts: Roof Repbcement
Cornice: Roof Repbcement
Trim: Roof Replacement
Other:
foades
Walls:
Windows (Openings/frnmes/Sash/Trim):
Doors (Openings/Frames/Door Units):
Attachments (Shutters/Signs/Awnings):
Foundation:
Other:
r:li1J.
r:li1J.
l:Ud
N.Ld
l:Ud
r:li1J.
Appurtenances
Steps/SIlIirs:
Landings/Sbbs:
Porches:
Balconies:
HLa Light Fixrores:
r:li1J. Other:
r:li1J.
l:Ud
l:Ud
NLA
Other
.x
.x.
X
AU od,er E."\."TERIOR features referenced in documents filed or to be filed
at the County of Morris, including grnnt appliations mnde to the Morris
County Historic Preservation Trust Fund, including:tll furore amendments.
INTERIOR FEATURES
List space(s) in building(s) protected bJ' easement. (Include name of building if more than
one. Spaces 2re nuu:ked and delineated on attached floor plan(s»
Finishes
Nil! Floors:
r:li1J. WaUs:
NLA Ccilings:
Nil! Molding/Trim:
r:li1J. Other:
Page 13 of 16
Openings
X
Doors/Door Hardware: Interior doors and hardware
X
Door Frnmes: Interior doors and hardware
NLd Windows/Window Hardware:
Nil! Window Frames:
Nil! Other:
Other Features
Stairs (Carrlage/Rnilings):
X
Fireplaces (Hcarth/Mantcl/Surround): Fireplace surrounds
NLd Built-in Features:
N.L6. Others:
N.L6.
X
X
AU other INTERIOR features referenced in documents filed or to be filed at
the County of Morris, including the grant application made to the Morris
County Historic Preservation Trust Fund, including aU furore amendments.
BASELINE DOCUMENTATION OF PROPERTY
As per PAragraph 5 of easement, County of Morris may consult records documenting the
Property's appearance and conrlition filed or to be filed At the County of Morris, New Jersey
Historic Preservation Office and at other places within the State:.
BeCAuse existing document.,tion mAy not continue to reflect the actual appearnnce nnd
conrlition of the propert}' at the time of project completion, it will be supplemented by
baseline information provided in the Progress Reports and/ or documentation submitted by
the Grnntor.
1.
Preservation Plnns:
(no Preservation PL,n on file)
2.
Architectuml Dra\vings:
Partial Exterior and Interior Restoration, Drn\vings and Specs, prepared by
HJGA, dAted 5/ 10/ 05.
Phase 11: PllIliat Rcstorntion, Dra\vings and Specs, prepared by HJGA, dated
3/20/ 08.
3.
Photographs:
AU as submitted by the Grantor as related to the 2004 and 2006 grant applications.
Page 140fl6
SCHEDULEC
Moms County Historic Preservation Trust Fund
2004 Grant: $114,016
2006 Grant: $ 109,824
The 2004 grant provided for site grading, excavation, installation of underground drainage and
archaeological investigations.
The 2006 grant provided for the replacement of the roofs, restoration of chimneys, fireplace
surrounds, interior doors and hardware.
Page IS of 16
SCHEDULED
Requirements (or Public Access and Use
_ _ _ As this Property IS now ACCESSlBLE to the public, no additional ACCesS is required. The
SITE of the Property must remain gcnernUy accessible to the public for the tean of this ensement.
X As this Property IS NOT now ACCESSIBLE to the public, public openings arc required.
The (SITE and/or INTERIOR) of the Property is/arc to be open to the public a minimum of 6
hours a <by at rensonable spaced intervals a minimum of t 2 days in any calendAr year during the
term of dus Easement specified in Paragraph 2. If the hours of public nccess arc not permanendy
posted or additional hours arc required under this Easement, n sign advertising ench opening is to be
maintained on the properlj' in public view beginning one week before, and on the day of public
access, or public notice is to be placed in an appropriate local newspaper.
Page 16 of 16
COUNlY OF MORRIS
P.O. Box 900
Board of Chosen Freeholders
Coun.ty Admlnlstrotor
Jolm Bonanni
Mm:rlstoWll, New Jersey 07963-0900
Director
Katl.ryn A. DcFilUppo
Deputy Director
Bani, Lyoll
Director
DecnaLeary
978-829-8120
l'AX 978·826-9025
dlcaryCco.moais.nj.l1s
Douglas R. Cobana
JOllO C""oro
TI,olOos J. I\'Jaatrangclo
Cluistlne M)'Cl"S
Deborah Smltl1
February 3, 2016
Ms. June Hercek
Montville Township
Montville, NJ 07045
Re:
Nicholas Vreeland Out Kitchen
Dear Ms. Hercek:
The Township of Montville was successful with the historic preservation work at the Nicholas Vreeland Out
Kitchen (as owned by Montville Township) that were partially funded by the Morris County Historic Preservation
Trust Fund ($75,250 in Construction grant funding in 2004 and 2005). The County Trust Fund Rilles and
Regulations (Sec. 5.16-1) require that a 30-year casement agreement be executed for construction grants over
$50,000, applied cumulatively over any number of funding cycles, to assure long-tenn preservation of a historic
property. Enclosed please find the Historic Preservation Easement for the Nicholas Vreeland Out Kitchen. A
Township resolution is needed to authorize the execution oflhe easement.
Please execute the Easement, completing the property description (Schedule A). Please also include a Certificate
of Liability Insurance for the property per paragraph 9 of the easement. Please note the Township must have
primary general liability poliey with a $1,000,000 limit per occurrence and a $3,000,000 aggregate limit. The
Certificate Holder and additionally insured should state: County of Morris. P.O. Box 900. Morristown. NJ
07963-0900. Kindly return the executed Easement and Insurance certificate by March 31. 2016 to me at the
address below. Let me know if you have any questions. Thank you,
Ray Chang, P.P.
Program Coordinator
Ene.
OIDce located at 80 Schnyler Ploce • 1'00111, Floor. Morrlslmvn • New Je1'S,,!,
W\VW.M01~isCountyNJ.gov
Record and Rerum to:
Morris County Counsel
P. O. Box 900
Morristown, NJ 07963
Prepared by:
THIS DEED OF HISTORIC PRESERVATION EASEMENT made _ _ _ _ __
(date) between Township of Montville, having an address at 195 Changebridge Road, Montville,
And MORRIS COUNTY BOARD OF CHOSEN FREEHOLDERS, having an address at P.O.
Box 900, Morristown, NJ 07963-0900, hereinafter referred to as the "Grantee".
Grantor grants and conveys to the Grantee a historic preservation casement (hereinafter the
"Easement") on Grantor's property located in the Township of Montville, County of Morris, more
fully described in Schedule A annexed hereto (hereinafter the "Property") for and in consideration of
the sum of ONE DOLLAR ($1.00) and a matching grant from Grantee to restore, rehabilitate,
stabilize, and/or preserve the Property for the continuing benefit of the people of the County of
Morris (hereinafter the "Grant").
The tax map reference for the Property is:
Block 40, Lot 7.1
WHEREAS, Grantee is authorized pursuant to N.I.S.A. 13:8B-l l:b ~ to acquire historic
preservation easements to protect Morris County properties \vith historic, aesthetic or cultural
significance being rehabilitated, stabilized, restored and preserved through matching grants by the
Morris County Historic Preservation Trust Fund in order to assure the continued preservation of
grant-assisted properties for the public benefit; and
WHEREAS, the Property possesses historic, aesthetic, or cultural significance to Grantor and
the people of the County of Morris and is listed individually and/or as part of a historic district
that is listed in the New Jersey Register of Historic Places and the National Register of
Historic Places; and
WHEREAS, Grantor and Grantee intend that the Property be preserved and maintained;
Page I of 16
NOW, THEREFORE, Grantor promises that the Property will be owned, used and conveyed
subject to, and not in violation of, the following covenants and restrictions:
1. Purpme. It is the purpose of this Easement to assure the preservation of the Property, to
prevent any use of the Property that is not historically appropriate or that is detrimental to or will
significantly impair or interfere with the historic features and to assure that public benefit continues
after the expenditure of the Grant. The historic features of the Property are documented in a baseline
inventory annexed hereto as Schedule B (hereinafter the "Protected Features") that the parties agree
to provide an accurate representation of the Property at the time of this conveyance and which shall
serve as an objective information baseline for monitoring compliance with the terms of this Deed.
2. Term. This Easement shall become effective on February 1, 2008 (hereinafter the
"Effective Date") and shall, thereafter, remain in full force and effect for a period of thirty (30) years
until February 1, 2038.
3. Grantor', Obligations.
(a) Grantor shall perform the work items described in the Approved Project Description (Exhibit 2
to a separate Grant Agreement executed by Grantor and Grantee) annexed hereto as Schedule C;
(b) The Baseline Inventory of Protected Features under this agreement is fully set forth in Schedule
B, annexed to this agreement and incorporated herein. Grantor shall not demolish or remove the
Protected Features;
(c) Grantor shall not, without prior written approval of Grantee which will not be unreasonably
withheld:
(i)
adversely affect or threaten the structural soundness of the Protected Features;
(ii)
make any changes to the Protected Features including alteration, removal, construction,
remodeling, addition of new structures or other physical or structural change, including
any change in color or surfacing or any excavation or topographical change which affects
(iii)
attach to or erect anything on or near the Protected Features which would prohibit them
from being visible from ground level, or compromise the historic aesthetic or cultural
significance of the Property except for temporary structures needed during any period of
approved alteration or restoration.
(iv)
lease the Property in whole or in part.
Page 2 of16
(d) To prevent deterioration of the Property, Grantor shall maintain the Protected Features and
Property in good condition at Grantor's cost and expense. "Good condition" means that the Protected
Features are intact and structurally sound, there are few or no cosmetic imperfections and the feature
needs no more than routine maintenance.
(e) Grantor shall be responsible for deliberate damage or destruction of Protected Features. If
Protected Features are deliberately damaged or destroyed for any reason by the Grantor, or persons
acting on behalf of the Grantor, the Grantor shall be responsible for financial reimbursement to the
Grantee in accordance with the provisions of Paragraph 14. For purposes of this Easement, deliberate
damage or destruction may result from, but is not limited to, deferred maintenance, demolition by
neglect, and demolition.
(I) Grantor's obligation to maintain the Protected Features shall require replacement, repair, and
reconstruction by Grantor whenever necessary and in accordance \vith the approved maintenance and
preservation plans, subject to the casualty provisions of paragraphs 10 and 11. Grantor's obligation
to maintain the Property shall also require that the Property's landscaping be maintained in good
appearance. The existing lawn areas shall be maintained as lawns and regularly mown. The existing
meadows and open fields shall be maintained as meadows and open fields, regularly brushhogged to
prevent the growth of woody vegetation where none currently grows.
(g) The dumping, abandonment or storage of ashes, trash, rubbish, or any other unsightly or offensive
materials is prohibited on the Property;
(h) The Property shall not be divided or subdivided in law or in fact and the Property shall not be
(i) No above ground utility transmission lines, except those reasonably necessary for the existing
buildings, may be created on the Property, subject to utility easements already recorded.
4. Grantor's Representations. Grantor represents that it is a municipal government \vithin
Morris County.
5. Requests for Approval. Grantor must seek the approval of Grantee required by Paragraph
3(c) hereinabove by submitting to Grantee a request for approval in the form required by Grantee.
Grantor shall submit to Grantee documents, including plans, specifications, and designs where
appropriate, describing the proposed activity \vith reasonable specificity. In connection there\vith,
Grantor shall also submit to Grantee a timetable for the proposed activity in a form acceptable to
Grantee and sufficient to permit Grantee to monitor such activity.
6. Standards for Review. In exercising any authority created by this Easement to inspect the
Property or the Protected Features, to review and approve any construction, alteration, repair, addition
of new structures or maintenance, or to review casualty damage or to reconstruct or approve
reconstruction of the Protected Features follO\ving casualty damage, Grantee shall utilize ~
SecretaQ' of the I nterior's Standards for the Treatment of Historic Properties. (36 CFR 800 et
~.)(hereinafter the "Standards"). To determine the appropriateness of Grantor's request for approval
submitted in accordance \vith Paragraph 4, Grantee may consult records documenting the Property's
appearance including photographs and measured dra\vings, National or State Registers or other survey
Page 3 of 16
data, historic structure reports, existing condition surveys and other reports filed or to be flied at the
County of Morris, New Jersey Historic Preservation Office and other appropriate places within the
State. Grantor agrees to abide by the Standards in perfonning all repairs and maintenance.
7. Reserved Rights. Except as set forth in Paragraph 3, the following rights, uses, and activities
of or by Grantor on, over, or under the Property are pennitted by this Easement and by Grantee
without further approval by Grantee:
(a) The right to engage in all those acts and uses that: (i) are pennitted by governmental statute or
regulation; (ii) do not materially impair the Protected Features or the Property; and (iii) are not
inconsistent with the purpose of this Easement;
(b) The right to maintain and repair the Protected Features strictly according to the Standards. As used
in this Paragraph, the right to maintain and repair shall mean the use by Grantor of in-kind materials
and colors applied in a workman-like manner. The right to maintain and repair as used in this
paragraph shall not include the right to make changes in appearance, materials, colors, and
workmanship from that existing prior to the maintenance and repair without the prior approval of
Grantee in accordance with the provisions of Paragraphs 3,4 and 5;
(c) The right to continue the existing use and enjoyment of the Property consistent with the purpose
(d) The right to conduct at or on the Property educational and nonprofit activities that are not
inconsistent with the purpose of this Easement.
8. public Access. The property shall be accessible by the public as specified in Schedule 0
annexed hereto.
9. Insurance. Grantor shall keep the Property insured by an insurance company authorized to
conduct business in the State of New Jersey against loss from the perils commonly insured under
amount of the Grant after all mortgagee claims are satisfied. Grantor shall also carry comprehensive
general liability insurance against claims for personal injury and death in an amount not less than
$1,000,000 per occurrence and $3,000,000 aggregate including property damage. Grantor shall deliver
to Grantee, within ten (10) business days of the Effective Date, certificates of such insurance coverage.
Each certificate shall name the Grantee and its officers and employees as additional insured being
confirmed by policy endorsement, and shall certify that coverage may not be cancelled for any reason
except after thirty (30) days written notice to Grantee.
10. Indemnification. Grantor shall indemnify and hold hannless the Grantee, the Board of
Chosen Freeholders, their Employees, Agents and Servants from and against any and all losses,
penalties, damages, settlements, costs, charges, professional fees (including attorneys' fees) or other
expenses of liabilities including the investigation and defense of any claims, arising out of or resulting
from any act, oenission, condition, or other matter related to or occurring on or about the Property,
regardless of cause, provided that any such claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of !..ngible property including the loss
of the use resulting therefrom, and (b) is caused in whole or in part by any negligent act or oenission
of the Grantor, or anyone directly or indirectly employed by them or anyone for whose acts they may
Page 4 of 16
be liable (including a claim by an employee of the Grantor) regardless of whether it is caused in part
by a party indemnified hereunder.
In any and all claims against County of Morris, the Board of Chosen Freeholders, their Employees,
Agents and Servants by any employees of the Grantor, anyone directly or indirectly employed by them
or anyone for whose acts they may be liable, the indemnification obligation under this Agreement
shall not be limited in any way by any limitation on the amount or type of damages, compensation or
benefits payable by or for the Grantor under worker's compensation acts, disability benefit acts or
other employee benefit acts.
11. Casuall;Y Damage or Destruction. In the event the Protected Features shall be damaged
or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casualty, Grantor
shall notify Grantee in writing within fourteen (14) days of the damage or destruction, such
notification describing what, if any, emergency work has already been completed. No repairs or
reconstruction of any type, other than temporary emergency work to prevent further damage to the
Protected Features and to protect public safety, shall be undertaken by Grantor without Grantee's
prior written approval. Within thirty (30) days of the date of damage or destruction, if required by
Grantee, Grantor at its expense shall submit to the Grantee a written report prepared by a qualified
restoration architect and an engineer acceptable to Grantor and Grantee, which report shall include
the following:
(a) An assessment of the nature and extent of the damage;
(b) A determination of the feasibility of the restoration of the Protected Features and reconstruction
(c) A report of such restoration and reconstruction work necessary to return the Protected Features
to the condition existing immediately prior to the damage or destruction.
12. Review After Casuall;Y Damage or Destruction. If, after revie\ving the report provided in
paragraph to, Grantor and Grantee agree that the Purpose of the Easement \viII be served by such
restoration and reconstruction, Grantor and Grantee shall establish a schedule under which Grantor
shall complete the restoration and reconstruction of the Protected Features in accordance \vith plans
If, after revie\ving the report, Grantor and Grantee agree in writing that restoration and
reconstruction of the Property is impractical or impossible, or agree in writing that the Purpose of this
Easement would not be served by such restoration and reconstruction, Grantor, may, \vith the prior
written consent of Grantee, alter, demolish, remove, or raze the Protected Features, and construct
new improvements on the Property. In this event, Grantor and Grantee may agree to extinguish this
Easement in whole or in part in accordance \vith the laws of the State of New Jersey and Paragraph
13.
13. Condemnation. If the Property is taken, in whole or in part, by exercise of the power of
eminent domain, Grantee shall be entitled to compensation from Grantor in the amount of the Grant.
14. Extinguishment. If circumstances arise in the future such as to render the purpose of this
Easement impossible to accomplish, this Easement may be terminated or extinguished by Grantee
and Grantee shall be entitled to compensation from Grantor in the amount of the Grant.
PageS of 16
15. Subsequent Transfers. Grantor agrees to give written notice to Grantee of the transfer of
16. Inspection. At least annually, and upon prior reasonable notice to Grantor, representatives
of Grantee shaU be permitted to inspect and photograph the Property, including the Protected
Features. Grantor agrees that it will not unreasonably withhold its consent in determining dates and
times for such inspections.
17. Evidence of Compliance. Upon request by Grantee, Grantor shall promptly furnish
Grantee with written certification in the form required by Grantee that, to the best of Grantor's
knowledge, Grantor is in compliance ,vith the obligations of Grantor contained herein.
18. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this
Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation ,vithin the period of time set
forth in the notice and, where the violation involves injury to the Property resulting from any use or
activity inconsistent ,vith the purpose of this Easement, to restore the portion of the Property so
injured. Grantee may bring an action at law or equity in a court of competent jurisdiction to enforce
the terms of this Easement, to enjoin the violation, ex parle as necessary, by temporary or permanent
injunction, to recover any damages to which it may be entitled for a violation of the terms of this
Easement or injury to any Protected Features protected by this Easement, and to require the
Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the
cost of undertaking any corrective action on the property. If Grantee, in its sole discretion, determines
that circumstances require immediate action to prevent or mitigate significant damage to the Protected
Features of the Property, Grantee may pursue its remedies under this paragraph ,vithout prior notice
to Grantor. Grantee's rights under this paragraph apply equally in the event of either actual or
threatened violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at
law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled
to the injunctive relief described in this paragraph, in addition to such other relief to which Grantee
may be entitled, including specific performance of the terms of this Easement, without the necessity
of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's
remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now
or hereafter existing at law or equity.
19. Amendment. If circumstances arise under which an amendment to or modification of this
Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend
this Easement. Any such amendment shall be consistent ,vith the purpose of this Easement; shaU not
permit additional development on the Property other than the development permitted by this
Easement on the Effective Date; shall not permit any private inurement to any person or entity; and
shall not adversely impact the Protected Features or the Property. Any such amendment shaU be
recorded by Grantor at its cost and expense in the county in which the Property is located. Nothing
in this Paragraph shall require Grantee to agree to any amendment or to consult or negotiate regarding
any amendment.
20. ~ Grantor shall pay before delinquency all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the Property by competent authority (coUectively
Page 6 of16
"taxes"), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish
Grantee with satisfactory evidence of payment upon request.
21. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion
of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of
any breach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver
by Grantee of such term or of any of Grantee's rights under this Easement. No delay or omission by
Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right
or remedy or be construed as a waiver.
Easement against Grantor, including, without limitation, costs of suit and reasonable attorneys' fees,
and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be
borne by Grantor.
23. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property.
Grantor shall keep the Property free of any construction or mechanics liens arising out of any work
performed for, materials furnished to, or obligations incurred by Grantor.
24. Written Notice. Any notice which either Grantor or Grantee may desire or be required
to give to the other party shall be in writing and shall be delivered by one of the following methods (i)
overnight courier postage prepaid, (ii) registered or certified mail return receipt requested or, (iii) hand
delivery; if to Grantor, then to the Administrator, Township of Montville, 195 Changebridge
Road, Montville, NJ 07045, and if to Grantee, then to Director, Morris County Department of
Planning & Public Works, P.O. Box 900, Morristown, NJ 07963-0900, and County Counsel, County
of Morris, P.O. Box 900, Morristown, NJ 07963-0900 .. Each party may change its address set forth
herein by a notice to such effect to the other party.
25. Notice from Government Authorities. Grantor shall deliver to Grantee copies of any
notice of violation or lien relating to the Property received by Grantor from any government authority
within five (5) days of receipt by Grantor. Upon request by Grantee, Grantor shall prompdy furnish
Grantee \vith evidence of Grantor's compliance with such notice or lien where compliance is required
by law.
26. Waiver of Certain Defenses, Grantors hereby waive any defense of laches, estoppel, or
prescription.
27. Recordation. Grantee shall record this instrument \vith the County of Morris.
28. Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
29. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be
binding upon, and inure to the benefit of the parties hereto and their respective personal
representatives, heirs, successors, and assigns.
Page 7 of 16
30. Subordination. At the time of the conveyance of this Easement, the Property is subject to
a Mortgage/Deed of Trust held by
(hereinafter,
"Mortgagee" /"Lender"). The Mortgagee/Lender joins in the execution of this Easement to evidence
its agreement to subordinate the Mortgage to this Easement under the following conditions and
stipulations:
(a) the Mortgagee/Lender and its assignees shall have a prior claim to all insurance proceeds as a result
of any casualty, hazard, or accident occurring to or about the Property and the proceeds of any
condemnation proceeding, and shall be entitled to same in preference to Grantee until the
Mortgage/the Deed of Trust is paid off and discharged, notwithstanding that the Mortgage/the Deed
of Trust is subordinate in priority to the Easement.
(b) If the Mortgagee/Lender receives an assignment of the lease, rents, and profits of the Property as
security or additional security for the loan secured by the Mortgage/Deed of Trust, then
Mortgagee/Lender shall have prior claim to the leases, rents, and profits of the Property and shall be
entitled to receive same in preference to Grantee until the Mortgagee's /Lender's debt is paid off or
otherwise satisfied, notwithstanding that the Mortgage/Deed of Trust is subordinate in priority to the
Easement.
(c) The Mortgagee/Lender or purchaser in foreclosure shall have no obligation, debt, or liability under
the Easement until the Mortgagee/Lender or a purchaser in foreclosure under it obtains ownership
of the Property. In the event of foreclosure or deed in lieu of foreclosure, the Easement is not
extinguished.
(d) Nothing contained in this Easement shall be construed to give any Mortgagee/Lender the right to
violate the terms of this Easement or to extinguish this Easement by taking title to the Property by
foreclosure or otherwise.
Page 8 of 16
Grantor, Grantee and, if applicable, Mortgagee sign this Deed of Easement as of the date at
the top of the first page. I f the Grantor is a corporation, this Deed of Easement is signed and attested
to by its proper corporate officers and its corporate seal is affLxed.
ArrEST:
GRANTOR:
By: _ _ _ _ _ _ _ _ __
Print Name:
Print Name:
Tide:
Tide:
ATTEST:
GRANTEE:
By:_ _ _ _ _ _ _ _ __
Print Name:
Freeholder Director
Print Name:
Tide:
Tide:
ArrEST:
MORTGAGEE:
By: _ _ _ _ _ _ _ __
Print Name:
Print Name:
Tide:
Tide/Firm:
Page 9 of16
STATE OF NEW JERSEY
SS
COUNTY OF MORRIS
I certify that on
(date), _ _ _ _ _ _ _ _ _ _ _ _ _ _ personally
came before me and this person acknowledged under oath to my satisfaction that:
(a)
this person is the _ _ _ _ _ _ _ _ _ _ _ _ _ ofTownship of Montville, the Grantor
in this agreement.
(b)
this person is the attesting witness to the signing of tlus Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ _ (name) who is the
of
Township of Montville.
(c)
this Agreement was signed and delivered by Township of Montville as its voluntary act duly
authorized by a proper resolution of its Governing Body.
Notary Public
STATE OF NEW JERSEY
SS:
COUNTY OF MORRIS
I certify that on
(date) , _ _ _ _ _ _ _ _ _ _ _ _ _ personally
came before me and this person acknowledged under oath to my satisfaction that:
(a)
this person is the secretary to the Morris County Board of Chosen Freeholders, the Grantee
in this agreement;
(b)
this person is the attesting witness to the sigrling of this Agreement by the proper official
_ _ _ _ _ _ _ _ _ _ _ _ _ _ (name) who is the Freeholder Director;
(c)
this Agreement was signed and delivered by the Morris County Board of Chosen Freeholders
as its voluntary act duly authorized by a proper resolution of the Board.
Notary Public
Page 10 of 16
SCHEDULE A
Tax Map Reference:
Township of Montville, County of Morris
Block 40, Lot 7.1
The property consists of the tract or parcel of land situated in the Township of Montville, County
of Morris, State of New Jersey known as Nicholas Vreeland Out Kitchen.
All thar certain tract or parcel ofland situate, lying and being in the Township of Montville , County
of Morris, and State of New Jersey, being more particularly described as follows:
Pagellofl6
SCHEDULEB
MORRIS COUNTY HISTORIC PRESERVATION TRUST FUND
HISTORIC PRESERVATION EASEMENT
BASELINE INVENTORY OF PROTECTED FEATURES
PROPERTY NAME
PROTECTED PROPERTY FEATURES
1L
Natural Features
N fA Trees/Shrubs:
X
Lawns/Vegetation/Ground Cover: Site grading
N fA Streams/Ponds/Wetlands:
N fA Topographical Features:
NfA Other:
Manmade Features
NfA Benches/Sire Furnishings/Gazebos:
NfA Fences/Walls/Gates:
X
Drain Inlets/Catch Basins/Drain Pipes: Underground drainage
NfA Roads/Driveways/Sidewalks:
NfA Parking Lots:
NfA Curbs:
NfA Signs:
NfA Archaeological Resources:
NfA Other:
Other
X
All other SITE features referenced in documents ftIed or to be ftIed at the
County of Morris, including grant applications made to the Morris County
Historic Preservation Trust Fund, including all future amendments.
X
EXTERIOR FEATURES (Ifnot applicable, go to Interior):
List building(s) protected by Easement:
Page 12 of 16
(The below features refer to Nicholas Vreeland Out Kitchen unless otherwise noted)
Roof
X
X
X
X
X
N fA
X
X
NfA
Roof Covering: Exterior Restoration
Roof Sheathing: Exterior Restoration
Flashing: Exterior Restoration
Chimneys: Exterior Restoration
Roof Penetrations/Decorations: Exterior Restoration
Gutters/Downspouts:
Cornice: Exterior Restoration
Trim: Exterior Restoration
Other:
Facades
\Valls: Exterior Restoration
X
X
Windows (Openings/Frames/Sash/Trim): Exterior Restoration
X
Doors (Openings/Frames/Door Units): Exterior Restoration
N fA Attachments (Shutters/Signs/Awnings):
NfA Foundation:
NfA Other:
Appurtenances
N fA Steps/Stairs:
N fA Landings/Slabs:
N fA Porches:
N fA Balconies:
N fA Light Fixtures:
NfA Other:
Other
X.
X.
X
All other EXTERIOR features referenced in documents filed or to be filed at
the County of Morris, including grant applications made to the Morris County
Historic Preservation Trust Fund, including all future amendments.
INTERIOR FEATURES
List space(s) in building(s) protected by easement. (Include name of building if more than one.
Spaces are marked and delineated on attached floor plan(s))
Finishes
X
Floors: Interior Restoration
X
Walls: Interior Restoration
X
Ceilings: Interior Restoration
X
Molding/Trim: Interior Restoration
NfA Other:
Openings
Page 13 of 16
X
X
X
X
NfA
Doors/Door Hardware: Interior Restoration
Door Frames: Interior Restoration
Windows/Window Hardware: Interior Restoration
Window Frames: Interior Restoration
Other:
Other Features
N fA Stairs (Carriage/Railings):
X
Fireplaces (Hearth/Mantel/Surround): Firebox, hearth, oven, metalwork
N fA Built-in Features:
NfA Others:
X
X
All other INTERIOR features referenced in documents med or to be med at
the County of Morris, including the grant application made to the Morris
County Historic Preservation Trust Fund, including all future amendments.
BASELINE DOCUMENTATION OF PROPERTY
As per Paragraph 5 of easement, County of Morris may consult records documenting the
Property's appearance and condition med or to be med at the County of Morris, New Jersey
Historic Preservation 0 ffice and at other places within the State.
Because existing documentation may not continue to reflect the actual appearance and
condition of the property at the time of project completion, it will be supplemented by baseline
information provided in the Progress Reports and/or documentation submitted by the
Grantor.
1.
Preservation Plans:
(no Preservation Plan on me)
2.
Architectural Drawings:
Restoration drawings and specs, prepared by HJGA, dated 1/29/2007.
3.
Photographs:
All as submitted by the Grantor as related to the 2004 and 2005 grant applications.
Page 14 of 16
SCHEDULEC
2004 Grant: $35,200
2005 Grant: $41,050
The 2004 and 2005 grants assisted with the rebuilding of the roof, chimney and the northwest
comer stone wall, stone repainting and cleaning, restoration of firebox, oven, hearth, and historic
metalwork, and the repairl replacement of wood window and door.
Page 15 of 16
SCHEDULED
Requirements for Public Access and Use
X
As this Property IS now ACCESSIBLE to the public, no additional access is required. The
SITE of the Property must remain generally accessible to the public for the term of this easement.
_ _ _ As this Property IS NOT now ACCESSIBLE to the public, public openings are required.
The (SITE and/ or INTERIOR) of the Property is/are to be open to the public a minimum of 6 hours
a day at reasonable spaced intervals a minimum of 12 days in any calendar year during the term of this
Easement specified in Paragraph 2. If the hours of public access are not permanently posted or
additional hours are required under this Easement, a sign advertising each opening is to be maintained
on the property in public view beginning one week before, and on the day of public access, or public
notice is to be placed in an appropriate local newspaper.
Page 16 of 16

From: June Hercek Sent: Wednesday, February 03,2016 12:43 AM

Transcription

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