Casualty Damage or Destruction. (1) In the event that the Premises or any part thereof shall be damaged or destroyed by casualty, Grantor shall notify Grantee in writing within one (1) day of the damage or destruction, such notification to include what, if any, emergency work has already been completed. For purposes of this Deed and Agreement, the term “casualty” is defined as such sudden damage or loss as would qualify for a loss deduction pursuant to Section 165(c)(3) of the Code (construed without regard to the legal status, trade or business of Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Premises and to protect public safety, shall be undertaken by Grantor without Grantee’s prior written approval. Within thirty (30) days of the date of the damage or destruction, Grantor shall submit to Grantee a written report prepared by a qualified restoration architect and, if required, a qualified 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 Facades or reconstruction of the damaged or destroyed portions of the Improvements; and
(c) a report of such restoration or reconstruction work necessary to return the Premises to the condition existing at the date hereof [or the date of completion of the Rehabilitation].
(2) If in the opinion of Grantee, after reviewing such report, the purpose and intent of the easement granted hereby will be served by such restoration or reconstruction, Grantor shall, within such time as Grantee may reasonably direct, complete the restoration or reconstruction of the Premises in accordance with plans and specifications approved by Grantee up to at least the total of the proceeds of the casualty insurance covering the loss. Grantee has the right, but not the obligation, to raise funds toward the cost of restoration or reconstruction of the Premises above and beyond the total of the casualty insurance proceeds for the purpose of restoring the appearance of the Facades, and, if such additional funds are raised and applied to the restoration or reconstruction of the Premises, Grantee shall have a lien on the Premises to the extent of any funds so advanced.
(3) In the event of casualty damage to the Premises which is of such magnitude and extent as to render repairs or reconstruction of the Improvements i...
Casualty Damage or Destruction. In the event that Building or Property shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify the Commission in writing within fourteen (14) days of the damage or destruction, such notification including 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 Building and Property and to protect public safety, shall be undertaken by Grantor without the Commission’s prior written approval of the work. Within one hundred twenty (120) days of the date of damage or destruction, if required by the Commission, Grantor at its expense shall submit to the Commission a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Grantor and the Commission, 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 Building and/or reconstruction of damaged or destroyed portions of the Building; and
c. a report of such restoration/reconstruction work necessary to return the Building to the condition existing at the date hereof or the condition subsequently approved by the Commission.
Casualty Damage or Destruction. In the event that the Building or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify Grantee in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Building and to protect public safety shall be undertaken by Grantor without Grantee’s prior written approval of the work. Within thirty (30) days of the date of damage or destruction, if required by Grantee, Grantor at Grantor’s expense shall submit to the Grantee a written report prepared by a qualified restoration architect and an engineer who are acceptable to the 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 Building and/or reconstruction of damaged or destroyed portions of the Building; and (c) a report of such restoration and/or reconstruction work necessary to return the Building to the condition existing at the date thereof.
Casualty Damage or Destruction. In the event that the Subject Property or any part of it shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other casualty, the Grantor shall notify the Grantee in writing within 14 calendar days of the damage or destruction, such notification including 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 Subject Property and to protect public safety, shall be undertaken by the Grantor without the Grantee’s prior written approval indicating that the proposed work will meet the Standards. The Grantee shall give its written approval, if any, of any proposed work within 60 days of receiving the request from the Grantor. If after reviewing the condition of the Subject Property, the Grantee determines that the features, materials, appearance, workmanship, and environment (or setting) which made the Subject Property eligible for listing in the National Register of Historic Places have been lost or so damaged that its continued National Register listing is in question, the Grantee will notify the Keeper of the National Register (or the SHPO if the Grantee is not the State) in writing of the loss. The Keeper of the National Register will evaluate the findings and notify the Grantee in writing of any decision to remove the Subject Property from the National Register. If the Subject Property is removed, the Grantee will then notify the Grantor that the agreement is null and void. If the damage or destruction that warrants the properties removal from the National Register is deliberately caused by the gross negligence or other actions of the Grantor or successor owner, then the Grantee will initiate requisite legal action to recover, at a minimum, the Federal grant funds applied to the Subject Property which will then be returned to the U.S. Government.
Casualty Damage or Destruction. In the event that the Resource or any part thereof shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other casualty, Recipient shall notify LCHIP in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. Recipient shall undertake no repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Resource and to protect public safety, without LCHIP's prior written approval. Within thirty (30) days of the date of damage or destruction, if required by LCHIP, Recipient at its expense shall submit to LCHIP a written report prepared by a qualified restoration architect and/or an engineer who is/are acceptable to Recipient and LCHIP, 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 Resource and/or reconstruction of damaged or destroyed portions of the Resource; and
(c) a report of such restoration/reconstruction work necessary to return the Resource to the condition existing at the date hereof.
Casualty Damage or Destruction. In the event that the Property or any part of it shall be damaged or destroyed by fire, flood, windstorm, earth movement, or other casualty, the Grantor shall notify the Grantee in writing within 14 days of the damage or destruction, such notification including 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 Property and to protect public safety, shall be undertaken by the Grantor without the Grantee’s prior written approval. The Grantee shall give its written approval, if any, of any proposed work within 60 days of receiving the request from the Grantor. If after reviewing the condition of the Property, the Grantee determines that the features, materials, appearance, workmanship, and environment which made the Property eligible for listing in the National Register of Historic Places has been lost or so damaged that its continued National Register listing is in question, the Grantee will notify the Keeper of the National Register and the Grantee in writing of the loss. The Keeper of the National Register will evaluate the findings and notify the Grantee in writing of any decision to remove the Property from the National Register. If the Property is removed, the Grantee will then notify the Grantor that this agreement is null and void. If the damage or destruction that warrants the Property’s removal from the National Register is caused by the gross negligence of city managers of the Grantor or future Owner, then the Grantee will initiate requisite legal action to recover, at a minimum, the Federal grant funds applied to the property, which will then be turned over to the U.S.
Casualty Damage or Destruction. In the event that the Property or any part thereof shall be damaged or destroyed, the Grantor shall notify the County in writing within fourteen (14) days of the damage or destruction, such notification including what, if any, emergency work has already been completed. No repairs, reconstruction, or demolition of any type, other than temporary emergency work to prevent further damage to the Property and to protect public safety, shall be undertaken by the Grantor without the County’s prior written approval. Grantor shall maintain such insurance policies insuring loss of or damage to the Property in such amounts as are satisfactory to the County and name the County as an additional insured.
Casualty Damage or Destruction. In the event that the exterior of the Building or any part thereof shall suffer major damage or destruction by fire, flood, windstorm, hurricane, earth movement, or other casualty, Grantor shall notify Grantee in writing within fourteen (14) days of the damage or destruction or such reasonable time thereafter, depending upon the circumstances of the damage or destruction, such notification including 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 Building and to protect public safety, shall be undertaken by Grantor without Grantee’s prior written approval. Within ninety (90) 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 who are 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 exterior appearance of the Building and/or reconstruction of damaged or destroyed portions of the Building; and
(c) a report of such restoration/reconstruction work necessary to return the exterior appearance of the Building to the condition existing as of the date hereof.
Casualty Damage or Destruction. In the event that the Building or any part thereof shall be damaged or destroyed by fire or other casualty, Grantor shall promptly notify the Town in writing (but in no event later than seven (7) days after such casualty), such notification including what, if any, emergency work has been completed. No repairs or reconstruction of any type other than temporary emergency work to prevent further damage to the Building or to protect public safety shall be undertaken by Grantor without the Town's prior written approval. Within thirty (30) days of the date of damage or destruction, Grantor at Grantor's expense shall submit to the Town a written report prepared by a qualified restoration architect and an engineer acceptable to the Town, which report shall include the following:
(a) an assessment of the nature and extent of the damage to the exterior and interior of the Building;
(b) a determination of the feasibility of the repair and restoration of the exterior of the Building (or the damaged or destroyed exterior portions thereof); and
(c) a detailed description of the repair and restoration work necessary to return the exterior of the Building to the condition existing at the date of this Restriction.
Casualty Damage or Destruction. In the event the 50 Middle Street House shall be damaged or destroyed by fire, flood, windstorm, hurricane, earth movement or other casualty, Grantor shall notify the Commission in writing within fourteen (14) days of damage or destruction, such notification including what, if any, temporary emergency work has already been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the 50 Middle Street House and to protect public safety, shall be undertaken by Grantor without the Commission’s prior written approval of the work. Within one hundred twenty (120) days of the date of damage or destruction, if required by the Commission, Grantor at its expense shall submit to the Commission a written report prepared by a qualified restoration architect and an engineer who are acceptable to the Grantor and the Commission, which Commission approval shall not be unreasonably withheld, which report shall include the following:
a. An assessment of the nature and extent of damage;
b. A determination of the feasibility of the restoration of the 00 Xxxxxx Xxxxxx House and/or reconstruction of damaged or destroyed portions of the 50 Middle Street House; and
c. A report of such restoration/reconstruction work necessary to return the 00 Xxxxxx Xxxxxx House to the condition existing at the date hereof or the condition subsequently approved by the Commission.
