SENATE BILL NO. 72
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND THE CONVEYANCE OF THE FISHER-MARTIN HOUSE TO THE CITY OF LEWES; TO PERMIT THE CITY OF LEWES TO OPERATE THE HOUSE AS A CONFERENCE AND VISITORS CENTER, TO PERMIT THE CITY OF LEWES TO RESTORE THE SAME UNDER THE OVERSIGHT OF THE DIVISION OF HISTORICAL AND CULTURAL AFFAIRS.
WHEREAS, the State of Delaware purchased the premises known as the Fisher-Martin House in Sussex County and received a conveyance to the same dated August 25, 1961 said deed being of record in the office of the Recorder of Deeds for Sussex County and State of Delaware in Deed Record Book 539, page 366, said purchase being or the purpose of preserving the architectural character and public use of the property; and
WHEREAS, the City of Lewes desire ownership and control of the house in order to complete the restoration and provide for public use, and
WHEREAS, the City of Lewes desire the transfer of financial resources dedicated to the Fisher-Martin House on account with the Division of Historical and Cultural Affairs to the City of Lewes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. The State of Delaware shall deed and convey the Fisher-Martin House within the City of Lewes, Sussex County and State of Delaware unto the City of Lewes, its successors or assigns so that the City of Lewes shall become the absolute owner of said house. The City of Lewes, shall not pay any consideration to the State of Delaware for such conveyance other than hereinafter provided. The deed shall contain the restrictions, covenants and conditions stated herein.
Section 2. As consideration for the conveyance of the Fisher-Martin House by the State of Delaware to the City of Lewes, the State of Delaware through the Division of Historical and Cultural Affairs imposes the following restrictions and reserves the following rights and easements concerning the Fisher-Martin House which rights, easements and reservations shall be binding on the City of Lewes, its successors or assigns and all purchasers, owners, or occupants of the Fisher-Martin House which said easements, rights and restrictions shall be as follows:
A. The Division of Historical and Cultural Affairs reserves the right to approve or disapprove any alteration, addition or construction on the house by said City of Lewes in order to preserve the architectural and historical character of the Fisher-Martin House.
B. Any removal and relocation of the Fisher-Martin House from its present site must be accomplished by an approved firm which will furnish a performance bond subject to the approval of the Division of Historical and Cultural Affairs which Division must review and approve the specifications for removal and relocation prior to the work being accomplished.
C. The fisher-Martin House shall not be moved or relocated to any site without the approval of the location and site by the Division of Historical and Cultural Affairs. In the event that the City of Lewes sells the
Fisher-Martin House, it shall return to the State of Delaware all sums obtained from said sale less any costs incurred by the City of Lewes in maintaining, removing, or relocating said house.
D. The City of Lewes, its successors or assigns and any future owners or occupants of the Fisher-Martin House shall use reasonable care and caution to preserve and protect the same and to prevent vandalism but as long as said care is exercised, they shall not be liable to the State of Delaware for any damage or destruction of said house.
E. Any renovation or restoration of the Fisher—Martin House shall be done to restore and maintain the exterior architectural design and features and the interior panelling, moldings and other specific architectural features.
Section 3. The dividend balance of the Fisher Trust Fund is hereby granted to the City of Lewes and the Division of Historical and Cultural Affairs is authorized to transfer existing shares of duPont Company stock supporting the Fisher Trust Fund to the City of Lewes for the purpose of restoring, maintaining, interpreting and operating the house in accordance with the terms of this conveyance.
Approved July 9, 1991.