Section 5. Restrictive covenants.
The following restrictive covenants shall be included in the deed of conveyance:
The Old Mill Village property was developed with grant funds provided by the Pennsylvania Department of Conservation and Natural Resources (hereafter referred to as "the department"). The source of the funds is the act of June 22, 1964 (1st Sp.Sess., P.L.131, No.8), known as the Project 70 "Land Acquisition and Borrowing Act," section 20(b) of which act provides as follows:
"No lands acquired with funds made available under this act
shall be disposed of or used for purposes other than those
prescribed in this act without the express approval of the
General Assembly: Provided, That the Commonwealth or a
political subdivision, as the owner of such lands, may issue
permits, licenses or leases for the exploration, development,
storage and removal of oil, gas or other minerals, or for the
installation and use of water, gas, electric, telephone,
telegraph, oil or oil product lines, under reasonable
regulations prescribed by such owner consistent with the
primary use of such lands for 'recreation, conservation and
historical purposes.'"
This property, or any portion of it, may not be converted to purposes other than those authorized under the act. The Pennsylvania Historical and Museum Commission's responsibilities established under Article XVIII (Acknowledgement of Assistance), Article XIX (Maintenance and Open Use Responsibilities), Article XX (Nondiscrimination Regarding Access/Residency); and Article XXI (Ownership and Control; Non-Conversion of Use) of the department grant agreement shall be performed by the grantee in perpetuity.
Declaration of Restrictive Covenants for Historic Preservation for Old Mill Village New Milford Township, Susquehanna County, Pennsylvania.
(1) Covenants. In consideration of the conveyance of the aforementioned real property, Grantee covenants and agrees for itself, its heirs, administrators, successors, and assigns that the said herein conveyed property shall be subject to the following historic preservation restrictions, and shall do or refrain from doing with respect to the subject property all acts required or prohibited by the following preservation restrictions:
(A) Maintenance and Preservation. Old Mill Village shall be maintained and preserved as a historic site accessible by the public and for a demonstrable public benefit with maintenance and preservation standards acceptable to the Pennsylvania Historical and Museum Commission.
(B) Historic Structures. Old Mill Village, the historic structures and buildings that comprise the property, shall be maintained and preserved in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(C) Landscape. The landscape of Old Mill Village shall be preserved in a manner consistent with the historic characteristics of the subject property and shall not be used in any manner that would impair or interfere with the historic interpretation of the subject property.
(D) Prohibited Uses. No construction, alteration, rehabilitation, remodeling, demolition, site development, ground disturbance, removal of buildings, addition of buildings, or use inconsistent with the covenants herein, or any other action, shall be undertaken or permitted to the subject property without the prior written approval of the Pennsylvania Historical and Museum Commission.
(E) Alterations/Modifications/Repairs. With the prior written approval of the Pennsylvania Historical and Museum Commission, alterations, modifications, repairs or other work may be permitted to the subject property, provided:
(I) Notice. Timely notice shall be afforded to the Commission in advance of any such requested work on the subject property.
(II) Time. The Commission shall have 45 days from the date of receipt of such notice to review and approve the requested work in writing. Consent shall be implied if the Commission does not issue a written response approving the request.
(F) Archeology and other Ground Disturbing Activities. Mining, excavating, dredging or removing from the subject property any natural resource which removal would alter the historic value of the property is prohibited without the prior written approval of the Commission. Archeological investigation may be required by the Commission for any ground disturbing work and Grantee shall bear full financial responsibility for any such work. The following shall apply:
(I) Archeological discoveries. In the event archeological materials are discovered during any ground disturbing activities, work shall temporarily cease and the Commission shall be consulted for guidance and direction before ground disturbing work may continue.
(II) Standards for Archeology. Any archeological work conducted on the subject property shall be performed in accordance with the Secretary of the Interior's Standards and Guidelines for Archeological Documentation and any further standards and guidelines the Commission may require.
(2) Inspection and Compliance. The Commonwealth of Pennsylvania, by and through the Pennsylvania Historical and Museum Commission, reserves the right to enforce these preservation restrictions and shall, at all reasonable times and upon reasonable notice, have access to the subject property for purposes of inspection and compliance with these historic preservation restrictions.
(3) Right of Reverter. The Commonwealth of Pennsylvania, by and through the Pennsylvania Historical and Museum Commission, hereby reserves for itself, heirs, successors and assigns, a right of reverter on Old Mill Village, which shall revert to and reinvest in the Commonwealth by operation of law should any sale, transfer, or use of Old Mill Village be inconsistent with or in violation of the restrictions contained herein. The Commission, with the concurrence of the Department of Conservation and Natural Resources, may waive this provision provided Grantee petitions the Commission, in writing, for such waiver.
(4) Exclusion. The Grantee agrees that the Commonwealth of Pennsylvania, by and through any of its agencies, in no way assumes any obligation whatsoever for maintaining, repairing, or administering the subject property covered by these restrictive covenants for historic preservation.
(5) Duration. These restrictive covenants for historic preservation shall be binding in perpetuity on Grantee, its heirs, administrators, successors, and assigns and shall be applicable to both the land and buildings and shall be deemed to run with the land.