HomeMy WebLinkAboutAgenda - 12-15-2009 - 6dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 15, 2009
Action Agenda
Item No. 6 -~.
SUBJECT: Acceptance of Homestead Community Center Bid and Discussion of
Preservation Easements for Churton Street Properties
DEPARTMENT: Asset Management &
Purchasing Services (AMPS),
County Attorney
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Resolution
Historic Preservation Easement Pam Jones, AMPS, (919) 245-2652
John Roberts, County Attorney, (919)
245-2318
David Cannell, AMPS, (919) 245-2651
PURPOSE: 1) To consider approving a resolution authorizing the sale of Homestead Center
located at 600 Homestead Road in Chapel Hill; and
2) To consider placing, or causing to be placed, Historic Preservation Agreements
on two Churton Street County properties; and re-starting the divestiture
process by re-advertising the .properties for sale.
BACKGROUND:
Homestead Community Center
On November 5, 2009 the Board authorized staff to begin an upset bid procedure on the
property located at 600 Homestead Road in Chapel Hill otherwise known as the Homestead
Community Center. Chapel Hill Training Outreach Project submitted the highest bid in the
amount of $275,000 as part of the initial bid on October 20, 2009. No upset bids were received
as a result of the statutorily required 10-day advertisement and bid call, so the Chapel Hill
Outreach bid stands and is recommended for award.
Churton Street Properties: Preservation Easement
Also at the November 5, 2009 meeting, the Board rejected bids that had been received for the
following properties
• Clerk of Court Annex, 112 N. Churton Street, Hillsborough
• Graham Building, 118 N. Churton Street, Hillsborough
The Board expressed a desire to encumber the property through preservation easement or
other manner that would ensure the historic significance of the properties would be preserved.
Information provided by the Historic Preservation Foundation of North Carolina (Preservation
NC), a non-profit corporation providing stewardship fora variety of Historic properties
throughout the State, indicates both of the buildings are "important commercial buildings in
downtown Hillsborough". Preservation NC notes the "larger building at 112 N. Churton was
designed by Charles Hartmann, a noted North Carolina architect out of Greensboro who
designed the Jefferson Pilot building. The smaller building at 112 N. Churton was built by state
attorney general Sandy Graham and is a unique structure for its time."
Preservation NC can assume the stewardship role and ensure the Board's goal to preserve the
building's historical character is met both now and with subsequent purchases. A Historic
Preservation easement would be executed for each property at the time of sale and recorded
at the Register of Deeds as part of the Deed (copy attached). Upon execution of the
Agreement, the County would have no future responsibility regarding the use of the property.
Preservation NC requests donations to provide these stewardship duties. Although the fees
could be paid by the County upfront, the Foundation reports the smoothest alternative for the
County would be to make the easement a condition of the sale where the agreement is between
the Preservation NC and the buyer and is recorded at time of closing. Preservation NC is
suggesting a surcharge of $3,000 for the smaller property (118 N. Churton); and $7,000 for the
larger building (112 N. Churton).
Should the Board choose to exercise this option, the Historic Preservation Agreements will be
referenced in the advertisement for the sale of the properties, along with the specific surcharge
as indicated for each of the properties. The sale will be conditioned upon the highest
successful bidder's execution of an agreement with Preservation NC.
FINANCIAL IMPACT:
Homestead Center
Funds received from the sale of the Homestead Center ($275,000) will be placed in the General
Fund. The Board had previously discussed earmarking the funds for specific purposes, after
which the funds could be re-appropriated and the appropriate ordinance approved.
Churton Street Properties
No financial impact will be realized until such time those two properties are sold and proceeds
received.
Each of the properties would be assessed a surcharge over and above the highest bid received
to cover stewardship fees of Preservation NC as follows: 118 N. Churton Street - $3,000; and
112 N Churton Street - $7,000. These funds would go directly to Preservation NC at closing.
RECOMMENDATION(S): The Manager recommends the Board pursue the following actions
to consummate the sale of the Homestead Community Center:
• Accept the offer submitted by Chapel Hill Training Outreach Project in the amount of
$275,000; and
• Approve the attached resolution and authorize the Chair to sign as appropriate; and
• Authorize the County Attorney and staff to create the appropriate paperwork for
completion of the sale; and
• Authorize the Chair and Manager to sign documents as may be required to consummate
the sale.
For the properties at 112 and 118 N. Churton Street, the Manager recommends the Board:
authorize staff to re-advertise the properties with Historic Preservation Agreements stipulated as
requirements of the sale along with the surcharge requirements to Preservation NC as outlined
herein.
,~~~_aa~q~ c~8~
Resolution Authorizing Sale of Property 3
WHEREAS, Orange County owns the following property: Homestead Community Center, 600
Homestead Road, Chapel Hill-PIN # 9779086412 and;
WHEREAS, North Carolina General Statute § 160A-269 permits the County to sell property by upset
bid, after receipt of an offer for the property; and
WHEREAS, the County has received an offer to purchase the referenced properties as described
below:
Group Submitting Highest Amount of
Building Name Bid Highest bid
Homestead Community Center, Chapel Chapel Hill Training Outreach
Hill Project $275,000.00
WHEREAS, the bidders have paid the required five percent (5%) deposit on their offers;
THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES THAT:
1. The Board of County Commissioners authorizes sale of Homestead Community Center, Chapel
Hill to Chapel Hill Training Outreach Project for $275,000.00. .
2. The terms of the final sale are that
-the Board of County Commissioners approve the sale of the Homestead Community Center
to Chapel Hill Training Outreach Project, and
-the buyer must pay with cash at the time of closing.
3. The County reserves the right to withdraw the property from sale at any time before the final high
bid is accepted; and to reject all bids at any time.
Adopted December 15, 2009
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STATE OF NORTH CAROLINA
COUNTY OF
HISTORIC PRESERVATION AGREEMENT
TIIIS AGREEMENT, made this the day of , 20_, by and between
of County, North Carolina (hereinafter referred
to as the "Grantor"), and THE HISTORIC PRESERVATION FOUNDATION OF NORTH
CAROLINA, INC., anon-profit corporation organized and existing under the laws of the State of North
Carolina with its principal office being in Raleigh, North Carolina (hereinafter referred to as the
"Foundation");
WITNESSETH:
WHEREAS, the Grantor owns certain real property (hereinafter referred to as the "Subject Property"), a
description of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Subject Property currently has certain permanent improvements consisting of
hereinafter referred to as __ ;and
WHEREAS, ,located at
County, North Carolina, is a property of
recognized historical and architectural significance; and
WHEREAS, the Foundation and Grantor both desire that the Subject Property shall retain its historically
and architecturally significant features, while being sympathetically adapted and altered, where
necessary, to provide for contemporary uses; and
WHEREAS, the Foundation and Grantor both desire that the Subject Property shall not be subdivided in
order to preserve its integrity of site; and
WHEREAS, the Foundation is a charitable organization which accepts preservation easements on
buildings having historical or architectural importance, said easement subjecting such buildings to
restrictions that will insure that they are preserved and maintained for the benefit of future generations;
and
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WHEREAS, the North Carolina General Assembly has enacted the Historic Preservation and
Conservation Agreements Act validating restrictions, easements, covenants, conditions, or otherwise,
appropriate to the preservation of a structure or site significant for its architecture, archaeology or
historical associations.
NOW, THEREFORE, for and in consideration of the Grantor's interest in historic preservation and
their support for the Foundation and its purposes, and for and in consideration of the sum of ONE
DOLLAR ($1.00), the Grantor, for himself, his successors and assigns, hereby covenant and agree to
abide by the following restrictions (hereinafter referred to as "covenants"), said covenants to be
restrictions of record to attach to the land described in Exhibit A:
1. These covenants shall be administered solely by the Historic Preservation Foundation of North
Carolina, Inc., its successors in interest or assigns; and in all subsequent conveyances of Subject
Property, the Foundation, its successors in interest or assigns shall be the sole party entitled to administer
these covenants. In the event that the Foundation, or its successors in interest by corporate merger cease
to exist, then in such event the Foundation shall assign all of its rights and interests in these easements,
covenants, and conditions subject to such duties and obligations which it assumes hereby to anon-profit
corporation of responsibility which exists for substantially the same reasons as the Foundation itself (as
described hereinabove); if no such corporation be available for such assignment then, under such
circumstances such assignment shall be made to the State of North Carolina which shall be the sole party
entitled to administer those covenants.
Maintenance
2. The Grantor covenants and agrees to continuously maintain, repair, and administer the
herein described in accordance with the Secretary of the Interior's. Standards
for the Treatment of Historic Properties (1992) so as to preserve the historical integrity of features,
materials, appearances, workmanship and environment of the Subject Property. Maintenance shall be
continuously provided. Said standards are attached hereto and incorporated in these covenants by
reference.
Prior Approval Required For Modifications
3. Unless prior written approval by the President or Chairman of the Board of Directors of the
Foundation is obtained, no alteration, physical or structural change, or changes in the color, material or
surfacing to the exterior of the shall be made..
4. Unless the plans and exterior designs for such structure or addition have been approved in advance in
writing by the President or Chairman of the Board of Directors of the Foundation, no addition or
additional structure shall be constructed or permitted to be built upon the Subject Property. The
Foundation in reviewing the plans and designs for any addition or additional structure shall consider the
following criteria: exterior building materials; height; fenestration; roof shapes, forms, and materials;
surface textures; expression of architectural detailing; scale; relationship of any additions to the main
structure; general form and proportion of structures; orientation to street; setback; spacing of buildings,
defined as the distance between adjacent buildings; lot coverage; use of local or regional architectural
traditions; and effect on archeological resources. Contemporary designs for additions or additional
structures shall not be discouraged when such alterations and additions do not destroy significant
historical, architectural, or cultural material, and such design is compatible with the size, color, material
and character of the property and its environment.
5. The Grantor and the Foundation hereby agree that the interior architectural features listed below are
elements which contribute to the architectural significance of the
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{to be completed later}
Unless prior written approval by the President or Chairman of the Board of Directors of the Foundation
is obtained, no removal, relocation, or alteration of the above mentioned architectural features shall be
made.
6. Neither nor any part thereof may be removed or demolished without the prior
written approval of the President or Chairman of the Board of Directors of the Foundation.
7. No portion of the Subject Property may be subdivided.
8. Express written approval of the Foundation is required for removal of living trees greater than 12
inches in diameter at a point 4 feet above the ground from the Subject Property unless immediate removal
is necessary for the protection of any persons coming onto the Subject Property or of the general public;
for the prevention or treatment of disease; or for the protection and safety of the or
other permanent improvements on the Subject Property. Any tree of the aforementioned size which must
be removed shall be replaced within a reasonable time by a new tree of a substantially similar species. If
so requested, the Foundation may approve the use of an alternate species.
Covenant to Obey Public Laws
9. The Grantor shall abide by all federal, state, and local laws and ordinances regulating the
rehabilitation, maintenance and use of the Subject Property.
Right of First Refusal
10. In case of any contemplated sale of the Subject Property or any portion thereof by the Grantor or any
successor in title thereto, first refusal as to any bona fide offer of purchase must be given to the
Foundation, its successors or assigns. If the Foundation so decides to purchase, it shall notify the then
owner of its willingness to buy upon the same terms within thirty (30) days of receipt of written notice of
such bona fide offer. Failure of the Foundation to notify the then owner of its intention to exercise this
right of first refusal within such thirty (30) day period shall free the owner to sell pursuant to the bona
fide offer. The Foundation may, in its discretion, waive its right of first refusal in writing, upon written
receipt of such bona fide offer. Provided, however, that if there are any outstanding deeds of trust or
other encumbrances against the property, any right to repurchase shall be subject to said deeds of trust or
encumbrances, and they shall either be satisfied or assumed as part of the purchase price.
Inspection
11. Representatives of the Foundation shall have the right to enter the Subject Property at reasonable
times, after giving reasonable notice, for the purpose of inspecting the buildings and grounds to
determine if there is compliance by the Grantor with the terms of these covenants.
Public Access
12. Researchers, scholars, and groups especially interested in historic preservation shall have access to
view the interior of the rehabilitated property by special appointment at various times and intervals
during each year. The general public shall have access to the Subject Property to view the exterior and
interior features herein protected at the Grantor's discretion at various times and intervals during each
year at times both desirable to the public and convenient with the Grantor. Nothing shall be erected or
allowed to grow on the Subject Property which would impair the visibility of the property and the
buildings from the street level or other public rights of way.
Hazardous Materials
13. The properties the Foundation seeks to protect may contain certain hazards as a result of outdated
building practices or use of certain materials that may contain lead paint, asbestos, or some other hazards
that may need to be removed or encapsulated before the buildings are habitable. Addressing these
problems is one of the challenges of owning and restoring a historic property. The Foundation does not
have the resources to correct these problems and cannot take responsibility for the condition of the
properties being sold. The Foundation is not liable in any way for any hazards, defects, or other
problems with the properties under covenants.
Extinguishment
14. The Grantor and the Foundation recognize that an unexpected change in the conditions surrounding
the Subject property may make impossible or impractical the continued use of the Subject Property for
conservation purposes and necessitate the extinguishment of this Historic Preservation Agreement. Such
an extinguishment must comply with the following requirements:
(a) The extinguishment must be the result of a final judicial proceeding.
(b) The Foundation shall be entitled to share in the net proceeds resulting from the
extinguishment in an amount in accordance with the then applicable regulations of the Internal Revenue
Service of the U. S. Department of the Treasury.
(c) The Foundation agrees to apply all of the portion of the net proceeds it receives to the
preservation and conservation of other property or buildings having historical or architectural
significance to the people of the State of North Carolina.
(d) Net proceeds shall include, without limitation, insurance proceeds, condemnation proceeds or
awards, proceeds from a sale in lieu of condemnation, and proceeds from the sale or exchange by Grantor
of any portion of the Subject Property after the extinguishment.
Remedies
15. In the event of a violation of covenants contained in Paragraphs 2, 3, 4, 5, and 6 hereof, the
Foundation then shall have an option to purchase the Subject Property, provided that it shall give the
Grantor written notice of the nature of the violation and the Grantor shall not have corrected same within
the ninety (90) days next following the giving of said notice. The purchase of the Subject Property,
pursuant to the exercise of the option retained hereby, shall be at a price equal to the then market value of
the Subject Property, subject to restrictive covenants, as determined by agreement of the then owner and
the Foundation, or, in the absence of such agreement, by a committee of three appraisers, one to be
selected by the Foundation, one to be selected by the then owner, and the other to be designated by the
two appraisers selected by the Foundation and the owner respectively. Provided, however, that if there
are outstanding deeds of trust or other encumbrances against the property, any right to purchase shall be
subject to said deeds of trust or encumbrances, and they shall either be satisfied or assumed as part of the
purchase price.
16. In the event of a violation of these covenants and restrictions, all legal and equitable remedies,
including injunctive relief, specific performance, and damages, shall be available to the Foundation. No
failure on the part of the Foundation to enforce any covenant or restriction herein nor the waiver of any
right hereunder by the Foundation shall discharge or invalidate such covenant or restriction or any other
covenant, condition or restriction hereof, or affect the right of the Foundation to enforce the same in
event of a subsequent breach or default. In any case where a court finds that a violation has occurred, the
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court may require the Grantee to reimburse the Foundation for all expenses incurred in stopping,
preventing and correcting the violation, including but not limited to reasonable attorney's fees.
Transfer Fee
17. Except as otherwise provided herein, there shall be assessed by the Foundation and collected from
the purchasers of the Subject Property, or any portion thereof subject to these covenants and restrictions,
a transfer fee equal to twenty-five one-hundredths of one percent (0.25%) of the sales price of such
property, or any portion thereof, which transfer fee shall be paid to the Foundation and used by the
Foundation for the purpose of preserving the historical, architectural, archeological or cultural aspects of
real property. Such fee shall not apply to inter-spousal transfers, transfers by gift, transfers between
parents and children, transfers between grandparents and grandchildren, transfers between siblings,
transfers between a corporation and any shareholders in the same corporation who owns 10 percent
(10%) or more of the stock in such corporation and transfers between a limited liability corporation and
any member who owns more than ten percent (10%) of such limited liability corporation, transfers by
Will, bequest, intestate succession or transfers to the Foundation (each of the foregoing hereinafter
referred to as an "Exempt Transfer"); provided, however, that such fee shall not apply to the first non-
exempt transfer of the Subject Property, but shall apply to each non-exempt transfer thereafter. In the
event ofnon-payment of such a transfer fee, the amount due shall bear interest at the rate of 12% (twelve
percent) per annum from the date of such transfer, shall, together with accrued interest, constitute a lien
on the real property, or any portion thereof, subject to these covenants and restrictions and shall be
subject to foreclosure by the Foundation. In the event that the Foundation is required to foreclose on its
lien for the collection of the transfer fee, and/or interest thereon, provided for herein, the Foundation
shall be entitled to recover all litigation costs and attorney's fees incurred at such foreclosure, which
litigation costs and attorney's fees shall be included as part of the lien .and recoverable out of proceeds of
the foreclosure sale. The Foundation may require the purchaser and/or seller to provide reasonable
written proof of the applicable sales price, such as executed closing statements, contracts of sale, copies
of deeds, affidavits or such other evidence, and purchaser shall be obligated to provide such information
within forty-eight (48) hours after receipt of written request for such information from the Foundation.
Insurance
18. Grantor shall insure the Subject Property against damage by fire or other catastrophe. If the original
structure is damaged by fire or other catastrophe to an extent not exceeding fifty percent (50%) of the
insurable value of those portions of the building, then insurance proceeds shall be used to rebuild those
portions of the Subject Property in accordance with the standards in Exhibit B. The Grantor shall keep
the Subject Property insured under a comprehensive general liability policy that names the Foundation as
an additional insured and that protects the Grantor and the Foundation against claims for personal injury,
death and property damage.
Mortgage Subordination
19. All mortgages and rights in the property of all mortgagees are subject and subordinate at all times to
the rights of the Foundation to enforce the purposes of these covenants and restrictions. Grantor will
provide a copy of these covenants and restrictions to all mortgagees of the Subject Property and has
caused all mortgagees as of the date of this deed to subordinate the priority of their liens to these
covenants and restrictions. The subordination provisions as described above relates only to the purposes
of these covenants and restrictions, namely the preservation of the historic architecture and landscape of
the Subject Property.
Duration of Covenants
20. The Grantor does hereby covenant to carry out the duties specified herein, and these restrictions shall
be covenants and restrictions running with the land, which the Grantor, heirs, successors,
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and assigns, covenant and agree, in the event the Subject Property is sold or otherwise disposed of, will
be inserted in the deed or other instrument conveying or disposing of the Subject Property.
21. Unless otherwise provided, the covenants and restrictions set forth above shall run in perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, and the Historic
Preservation Foundation of North Carolina, Inc., has caused this instrument to be signed in its corporate
name by its duly authorized officer and its seal to be hereunto affixed by the authority of its Board of
Directors, the day and year first above written.
NAME
BY
(Seal)
THE HISTORIC PRESERVATION FOUNDATION
OF NORTH CAROLINA, INC.
J. Myrick Howard, President
Corporate Seal
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STATE OF NORTH CAROLINA
COUNTY OF
I, , a Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledged the due
execution of the foregoing instrument.
Witness my hand and official stamp or seal, this
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF
day of , 200_.
Notary Public
I, , a Notary Public of the County and State aforesaid, certify that J.
Myrick Howard personally came before me this day and acknowledged that he is President of THE
HISTORIC PRESERVATION FOUNDATION OF NORTH CAROLINA, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, sealed with its corporate seal.
Witness my hand and official stamp or seal, this
day of , 200_.
My Commission Expires:
Notary Public
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EDIT A
Legal Property Description
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EX>FIIBIT B
SECRETARY OF THE INTERIOR'S
STANDARDS FOR THE TREATMENT OF ffiSTORIC PROPERTIES
(1992)
TREATMENTS
There are Standards for four distinct, but interrelated, approaches to the treatment of historic
properties -- Preservation, Rehabilitation, Restoration, and Reconstruction. Preservation focuses on the
maintenance and repair of existing historic materials and retention of a property's form as it has evolved
over time. (Protection and Stabilization have now been consolidated under this treatment.)
Rehabilitation acknowledges the need to alter or add to a historic property to meet continuing or
changing uses while retaining the property's historic character. Restoration is undertaken to depict a
property at a particular period of time in its history, while removing evidence of other periods.
Reconstruction re-creates vanished or non-surviving portions of a property for interpretive purposes.
In summary, the simplification and sharpened focus of these revised sets of treatment standards is
intended to assist users in making sound historic preservation decisions. Choosing appropriate treatment
for a historic property, whether preservation, rehabilitation, restoration, or reconstruction, is critical.
This choice always depends on a variety of factors, including the property's historical significance,
physical condition, proposed use, and intended interpretation.
PRESERVATION is defined as the act or process of applying measures necessary to sustain the existing
form, integrity, and materials of a historic property. Work, including preliminary measures to protect and
stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials
and features rather than extensive replacement and new construction. New exterior additions are not
within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties functional is appropriate within a
preservation project.
STANDARDS FOR PRESERVATION
1. A property shall be used as it was historically, or be given a new use that maximizes the retention of
distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been
identified, a property shall be protected and, if necessary, stabilized until additional work may be
undertaken.
2. The historic character of the property shall be retained and preserved. The replacement of intact or
repairable historical materials or alteration of features, spaces, and spatial relationships that characterize
a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Work needed to
stabilize, consolidate, and conserve existing historic materials and features shall be physically and
visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Changes to a property that have acquired historic significance in their own right shall be retained and
preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
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6. The existing condition of historic features shall be evaluated to determine the appropriate level of
intervention needed. Where the severity of deterioration requires repair or limited replacement of a
distinctive feature, the new material shall match the old in composition, design, color, and texture.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
8. Archeological resources shall be protected and preserved in place. If such resources must be
disturbed, mitigation measures shall be undertaken.
PRESERVATION AS A TREATMENT
When the property's distinctive materials, features, and spaces are essentially intact and thus
convey the historic significance without extensive repair or replacement; when depiction at a particular
period of time is not appropriate; and when a continuing or new use does not require additions or
extensive alterations, Preservation may be considered as a treatment. Prior to undertaking work, a
documentation plan should be developed.
REHABILITATION is defined as the act or process of making possible a compatible use for a property
through repair, alterations, and additions while preserving those portions or features which convey its
historical, cultural, or architectural values.
STANDARDS FOR REHABII,ITATION
1. A property shall be used as it was historically or be given a new use that requires minimal change to
its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property shall be retained and preserved. The removal of distinctive
materials or alteration of features, spaces, and spatial relationships that characterize a property shall be
avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create
a false sense of historical development, such as adding conjectural features or elements from other
historic properties, shall not be undertaken.
4. Changes to a property that have acquired historic significance in their own right shall be retained and
preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old in design,
color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by
documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
8. Archeological resources shall be protected and preserved in place. If such resources must be
disturbed, mitigation measures shall be undertaken.
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9. New additions, exterior alterations, or related new construction shall not destroy historic materials,
features, and spatial relationships that characterize the property. The new work shall be differentiated
from the old and shall be compatible with the historical materials, features, size, scale, and proportion,
and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner that, if
removed in the future, the essential form and integrity of the historic property and its environment would
be unimpaired.
REHABILITATION AS A TREATMENT
When repair and replacement of deteriorated features are necessary; when alterations or
additions to the property are planned for a new or continued use; and when its depiction at a particular
period of time is not appropriate, Rehabilitation may be considered as a treatment. Prior to undertaking
work, a documentation plan for Rehabilitation should be developed.
RESTORATION is defined as the act or process of accurately depicting the form, features, and
character of a property as it appeared at a particular period of time by means of the removal of features
from other periods in its history and reconstruction of missing features from the restoration period. The
limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a restoration project.
STANDARDS FOR RESTORATION
1. A property shall be used as it was historically or be given a new use which reflects the property's
restoration period.
2. Materials and features from the restoration period shall be retained and preserved. The removal of
materials or alteration of features, spaces, and spatial relationships that characterize the period shall not
be undertaken.
3. Each property shall be recognized as a physical record of its time, place, and use. Work needed to
stabilize, consolidate, and conserve materials and features from the restoration period shall be physically
and visually compatible, identifiable upon close inspection, and properly documented for future research.
4. Materials, features, spaces, and finishes that characterize other historical periods shall be documented
prior to their alteration or removal.
5. Distinctive materials, features, fmishes, and construction techniques or examples of craftsmanship
that characterize the restoration period shall be preserved.
6. Deteriorated features from the restoration period shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old
in design, color, texture, and where possible, materials.
7. Replacement of missing features from the restoration period shall be substantiated by documentary
and physical evidence. A false sense of history shall not be created by adding conjectural features,
features from other properties, or by combining features that never existed together historically.
8. Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials shall not be used.
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9. Archeological resources affected by a project shall be protected and preserved in place. If such
resources must be disturbed, mitigation measures shall be undertaken.
10. Designs that were never executed historically shall not be constructed.
RESTORATION AS A TREATMENT
When the property's design, architectural, or historical significance during a particular period of
time outweighs the potential loss of extant materials, features, spaces, and fmishes that characterize other
historical periods; when there is substantial physical and documentary evidence for the work; and when
contemporary alterations and additions are not planned, Restoration may be considered as a treatment.
Prior to undertaking work, a particular period of time, i.e., the restoration period, should be selected and
justified, and a documentation plan for Restoration developed.
RECONSTRUCTION is defined as the act or process of depicting, by means of new construction, the
form, features, and detailing of anon-surviving site, landscape, building, structure, or object for the
purpose of replicating its appearance at a specific period of time and in its historic location.
STANDARDS FOR RECONSTRUCTION
1. Reconstruction shall be used to depict vanished or non-surviving portions of a property when
documentary and physical evidence is available to permit accurate reconstruction with minimal
conjecture, and such reconstruction is essential to the public understanding of the property.
2. Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded
by a thorough archeological investigation to identify and evaluate those features and artifacts which are
essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be
undertaken.
3. Reconstruction shall include measures to preserve any remaining historic materials, features, and
spatial relationships.
4. Reconstruction shall be based on the accurate duplication of historic features and elements
substantiated by documentary or physical. evidence rather than on conjectural designs or the availability
of different features from other historic properties. A reconstructed property shall re-create the
appearance of anon-surviving historic property in materials, design, color, and texture.
5. A reconstruction shall be clearly identified as a contemporary re-creation.
6. Designs that were never executed historically shall not be constructed.
RECONSTRUCTION AS A TREATMENT
When a contemporary depiction is required to understand and interpret a property's historic
value (including the re-creation of missing components in a historic district or site); when no other
property with the same associative value has survived; and when sufficient historical documentation
exists to ensure an accurate reproduction, Reconstruction may be considered as a treatment. Prior to
undertaking work, a documentation plan for Reconstruction should be developed.
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