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Post Office - Federal Building Acceptance of DeedTHE CITY OF DUB E MEMORANDUM June 27, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Conveyance of Quit Claim Deed for Federal Building Economic Development Director Dave Heiar is recommending acceptance of the Quit Claim Deed from the General Services Administration for the Federal Building. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director 5/4"ff7tix4t MEMORANDUM June 27, 2006 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Direct() SUBJECT: Conveyance of Quit Claim Deed for Federal Building INTRODUCTION This memo presents for City Council approval a resolution accepting the Quit Claim Deed from the General Services Administration (GSA) to the City for the Federal Building. BACKGROUND In February 2006, The City Council approved submitting a formal application to the GSA for conveyance of the Federal Building to the City. During the past few months, additional information and pictures were submitted to the GSA to complete this process. On June 5, 2006 the Council approved a 15 month lease for the United States Postal Service. Upon receipt of this lease, the (ISA has conve'y'ed a Quit claim Deed to the City for formal conveyance of the 'Federal Buildino. RECOMMENDATION/ACTION STEP I recommend that the city Council approve the attached resolution accepting the Quit Claim Deed to the Federal Building. FAUSERS\DHeiar\Memos to MVM\Conveyance of Quit Claim Deed for Federal Building.doc GSA•% June 23, 2006 Mr. Michael C. Van Milligen City Manager, City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 Dear Mr. Van Milligen: GSA Greater Southwest Region Enclosed is the Quitclaim Deed covering the property known as the U. S. Post Office and Courthouse, 350 West Sixth Street, Dubuque, Iowa, which becomes effective on July 1, 2006, through the Historic Monument program without monetary consideration under the provisions of 40 United States Code Section 550(h). The GSA Control Number is 7 -G -IA -0495-1. An executed copy of the accepted Historic Monument Application as approved by the National Park Service for the City of Dubuque to acquire the property has been made a part of the Deed. Please have the Quitclaim Deed recorded and ask the Clerk of Dubuque County to complete the enclosed Certificate of Recordation and return it to the following address: GSA, Real Property Disposal Division (7PR) Attn: Janice Daulton 819 Taylor Street, Room 8A10 Fort Worth, TX 76102-6112 Thank you for the time and effort the City of Dubuque expended to facilitate completion of the Historic Monument Application. If you have any questions, you may contract Laura McGinnis at 816-823-5355. Sincerely, Melvin E. Freeman Acting Director, Real Property Disposal Division (7PR) U.S. General Services Administration 819 Taylor Street Fort Worth, TX 76102-6195 www.gsa.gov 2 cc: w/copies of executed Deed and Historic Monument Application Mr. Ernest Quintana, Regional Director National Park Service Attn: Rachel Franklin Weekley 601 Riverfront Drive Omaha, NE 68102-4226 D~~~E ~~~ MEMORANDUM (-I June 27, 2006 TO: The Honorable Mayor and City Council Members ,- FROM: Michael C. Van Milligen, City Manager SUBJECT: Conveyance of Quit Claim Deed for Federal Building Economic Development Director Dave Heiar is recommending acceptance of the Quit Claim Deed from the General Services Administration for the Federal Building. I concur with the recommendation and respectfully request Mayor and City Council approval. (llLA Ct ,;I; J!L---- / Micnael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF (~, Du B OC1tTE ~<k-~ MEMORANDUM June 27, 2006 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Directo(;~Ffl- SUBJECT: Conveyance of Quit Claim Deed for Federal Building INTRODUCTION This memo presents for City Council approval a resolution accepting the Quit Claim Deed from the General Services Administration (GSA) to the City for the Federal Building. BACKGROUND In February 2006, The City Council approved submitting a formal application to the GSA for conveyance of the Federal Building to the City. During the past few months, additional information and pictures were submitted to the GSA to complete this process. On June 5, 2006 the Council approved a 15 month lease for the United States Postal Service, Upon receipt of this lease, the GSA has conveyed a Quit Claim Deed to the City for formal conveyance of the Federal Building, RECOMMENDA TION/ACTION STEP I recommend that the City Council approve the attached resolution accepting the Quit Claim Deed to the Federal Building. F:\USERS\DHeiar\Memas to MVM\Canveyance of Quit Claim Deed for Federal Building,dac Prepared by: David J. Heiar, ED Director, City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563) 589-4393 Return to: Jeanne Schneider, City Cierk, City of Dubuque, 5n W. 13th St. Dubuque, A 520n1 (563) 589-4393 RESOLUTION NO. 309-06 A RESOLUTION ACCEPTING CONVEYANCE OF THE UNITED. STATES POST OFFICE AND COURTHOUSE (FEDERAL BUILDING) Whereas, the City of Dubuque entered into an Agreement with the General Services Administration of thi. United States of America to which the Genera! -Services Administration agreed to convey The U.S. Post Office and Courthouse, located at 350 West Sixth Street, Dubuque, Iowa, more specifically described as a rectangular shaped parcel approximately 259' (wide) X 183.5' (long), described as Lots 139, 140, 101, 102, the north 54.5' of Lot 138, the north 54.5' of Lot 103, City Lots. The Site is located in the northeast 1/4 of the southeast 1/4, section 25, Township 89 North, Range 2 East, Dubuque County, Iowa and contains approximately 47,526.5 square feet or 1.09 acres more or less in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey thereof; and Whereas, the General Services Administration has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, !OWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit claim from the Genera! SeMces Ariminictration, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on bc.half of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of July, 2006. Attest: eanne F. Schneider, City Clerk 17 C Roy D. Buol, Mayor FAUSERS\DHeiarTederal BuildingResolution for Conveyance from GSA.doc IIII II 11 mi IIO llI 1111111 Doc ID: 005448650011 Type GEN Recorded: 07/07/2006 at 03:06:43 PM Fee Amt: $62.00 Pagel1 of 11 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2006-00010382 Prepared by: Barry A. Lindahl, Corporation Counsel, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 Return to: Jeanne F. Schneider, City Clerk, 50 West 1311' Street, Dubuque IA 52001 STATE OF IOWA ) COUNTY OF DUBUQUE ) QUITCLAIM DEED KNOW ALL BY THESE PRESENTS: THIS QUITCLAIM DEED is made this,, .?rI .day of JuiC , 2006, to become effective July, 1, 2006, by and between the United States of America, also referred to as the Government, acting by and through the Administrator of General Services (hereinafter referred to as "Grantor"), pursuant to the authority of 40 USC 550(h) and City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001-4864. I. Quitclaim of the Fee Estate Grantor, for and in consideration of the use and maintenance of the hereinafter described premises for historical monument purposes, by the CITY OF DUBUQUE, IOWA, does, by these presents, hereby QUITCLAIM unto the CITY OF DUBUQUE, IOWA, (hereinafter referred to as "Grantee"), its successors and assigns, subject to the reservations, exceptions, covenants and conditions hereinafter set forth below, all the following described property situated in the County of Dubuque, State of Iowa, to wit: A rectangular shaped parcel approximately 259' (wide) X 183.5' (long), described as Lots 139, 140, 101, 102, the north 54.5' of Lot 138, the north 54.5' of Lot 103, City Lots. The Site is located in the northeast 1/4 of the southeast 1/4, Section 25, Township 89 North, Range 2 East, Dubuque County, Iowa and contains approximately 47,526.5 square feet or 1.09 acres more or less. TO HAVE AND TO HOLD the foregoing property, together with all singular rights, privileges, and appurtenances thereunto in anywise, belonging unto said Grantee, its successors and assigns forever, subject to the reservations, exceptions, covenants and agreements herein contained. II. General Reservations of the Grantor This Quitclaim Deed is expressly made subject to the following reservations in favor of the United States of America and its assigns: SAVE AND EXCEPT, and there is hereby reserved unto the United States of America, and its assigns, all rights and interests which have been previously reserved to the United States in the Patent(s) which cover(s) the property. III. CERCLA Notices, Covenants and Reservations (A) NOTICE Regarding Hazardous Substance Activity. Pursuant to 40 CFR 373.2 and Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA)(42 U.S.C. §9620(h)(3)(A)(i)), and based upon a complete search of agency files, the United States gives notice that no hazardous substances have been released or disposed of or stored for one year or more on the Property. (B) CERCLA Covenant. Grantor warrants that all remedial action necessary to protect human health and the environment has been taken before the date of this Quitclaim Deed. Grantor warrants that it shall take any additional response action. found to be necessary after the date of this Quitclaim Deed regarding hazardous substances located on the Property on the date of this Quitclaim Deed. (1) This covenant shall not apply: (a) in any case in which Grantee, its successor(s) or assign(s), or any successor in interest to the Property or part thereof is a Potentially Responsible Party (PRP) with respect to the Property immediately prior to the date of this Quitclaim Deed; OR (b) to the extent that such additional response action or part thereof found to be necessary is the result of an act or failure to act of the Grantee, its successor(s) or assign(s), or any party in possession after the date of this Quitclaim Deed that either: (i.) results in a release° or threatened release of a hazardous substance that was not located on the Property on the date of this Quitclaim Deed; OR (ii.) causes or exacerbates the release or threatened release of a hazardous substance the existence and location of which was known and identified to the applicable regulatory authority as of the date of this Quitclaim deed; OR (iii.) in the case of a hazardous substance(s) previously unknown by Grantor and Grantee as of the date of this Quitclaim deed but which is hereafter discovered by Grantee, its successor(s) or assign(s), or any party -2- in possession and where after such discovery, Grantee, its successor(s) or assign(s), or any party in possession thereafter causes or exacerbates a release or threatened release of such hazardous substance(s). (2) In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct any additional response action, and, as a condition precedent to Grantor incurring any additional cleanup obligation or related expenses, the Grantee, its successor(s) or assign(s), shall provide Grantor at least 45 days written notice of such a claim. In order for the 45 -day period to commence, such notice must include credible evidence that: (a) the associated contamination existed prior to the date of this Quitclaim deed; and (b) The need to conduct any additional response action or part thereof was not the result of any act or failure to act by the Grantee, its successor(s) or assign(s), or any party in possession. (C) ACCESS. Grantor reserves a right of access to all portions of the Property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action or corrective action is found to be necessary after the date of this Quitclaim Deed, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees, contractors and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test -pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants. IV. Miscellaneous Conditions, Restrictions and Exceptions to Title This Quitclaim Deed is expressly made subject to the following matters to the extent and only to the extent the same are valid and subsisting and affect the property: (A) All existing easements and rights-of-way for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches and canals on, over and across said land, whether or not of record. -3- (B) All existing interest(s) reserved to or outstanding in third parties in and to oil, gas, and/or other minerals. (C) All other existing interests reserved by any original any Grantor(s) in chain of title unto said Grantor(s), their respective successors and assigns, which affects any portion of the property, whether or not of record, including but not limited to the following: (D) Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements which may affect the subject property. (E) Existing zoning ordinances and resolutions, soil conservation district rules and regulations, and water conservancy district rules and regulations, filed of public record and affecting all or any portion of the subject property. (F) The Lease Agreement No. GS -06P-60019, executed contemporaneously with this Quitclaim Deed by and between the City of Dubuque and the United States of America, covering a portion of the property as therein described. (G) Outlease Agreements for office space in the building and currently in effect with the following tenants: a. Dubuque County Attorney's Office — Lease No. 6-2003-007 b. Dubuque Drug Task Force — Lease No. 6-2002-015 c. State of IA, Division of Narcotic Enforcement— Lease No. 6-2001-014 d. Dubuque County Board of Supervisors — Lease No. 0-6-06-79007 V. Compliance with Terms and Conditions in Application for Obtaining Real Property for Historic Monument Purposes and Right of Reversion to Grantor In support of eligibility to acquire the Property for historic monument purposes, the Grantee submitted an "Application for Obtaining Real Property for Historic Monument. Purposes" and a "Program of Preservation and Utilization" (hereinafter collectively referred to as "Application"), accepted by the National Park Service on behalf of the Secretary of the Interior, and attached hereto and incorporated herein as Exhibit B. The Grantee shall forever use the Property in accordance with, and at all times comply with and be bound by all the terms and conditions of the Application. In the event Grantee shall cease to use the Property in accordance with its Application or otherwise fail to comply with the terms and conditions of the Application, then and thereupon title to the Property conveyed herein shall, at Grantor's option, revert to Grantor without necessity for suit or re-entry. -4- VI. Protection of Site -Specific Art The Old Post Office and Courthouse, in Dubuque Iowa contains "site specific" artwork that was commissioned to enhance the architecture of the building at the time of its construction. The two original paintings located in the north entry on the first floor are Mississippi Packets by William E.L. Bunn and Early Settlers of Dubuque by Bertrand R. Adams. Both paintings were installed in 1937. One of the New Deal Art Programs, "the Section" sponsored by the Department of the Treasury, awarded commissions for murals and sculpture in public buildings on the basis of anonymous competitions. A competition to select artists for the murals was held under the direction of the Dubuque Art Association in 1935. The artwork is considered part of the historic fabric of the building and shall remain in their current locations. The artwork is identified as: Identification Number: Subject /Year: Type: Size: Identification Number: Subject /Year: Type: Size: FA610 Mississippi Packets 1937 Oil on Canvas 120" x 80" FA887 Early Settlers of Dubuque 1937 Oil on Canvas 120" x 80" By acceptance of this Quitclaim Deed, Grantee agrees to abide by the following covenants and conditions: A. Grantee will provide public access to the artwork in their current location. B. Grantee shall install and maintain an interpretive plaque, which plaque shall be provided by Grantor, identifying the artist and intent, and noting it was commissioned for the people of the United States by the Federal Government. C. Grantee shall at all times preserve and maintain the artwork in accordance with the guidelines and standards set forth in the American Institute for the Conservation of Historic and Artistic Works (AIC) and in "The Secretary of Interior's Standards for the Treatment of Historic Properties." If, at any time, Grantee fails to comply with the covenants stated above, such failure shall be considered grounds for Grantor to cause the Property to revert to Federal ownership as described in the Paragraph above, entitled, "Compliance with Terms and Conditions in Application for Obtaining Real Property for Historic Monument Purposes and Right of Reversion to Grantor." -5 VII. Miscellaneous Covenants and Agreements of Grantee Grantee covenants for itself, its successors and assigns and every successor in interest to the property herein described or any part thereof that it shall abide by each of the following covenants, each of which will be covenants running with the land. In addition, the UNITED STATES OF AMERICA shall be deemed a beneficiary of each of the following covenants without regard to whether it remains the owner of any land or interest therein in the locality of the property hereby quitclaimed and shall have a right to enforce each of the following covenants in any court of competent jurisdiction; provided, however, the UNITED STATES OF AMERICA shall have no affirmative duty to any successor in title to this Quitclaim Deed to enforce any of the following covenants herein agreed: (A) The Property is quitclaimed "as is" and "where is" without any representation or warranty on the part of Grantor to make any alterations, repairs or additions. Grantee, for itself and its successors and assigns, further acknowledges that Grantor has made no representations or warranty concerning the condition and state of repair of the Property nor has Grantor made any other agreement or promise to alter, improve, adapt or repair the Property not otherwise contained herein. (B) Since the property is located within 6 nautical miles of two public use airports, Grantee covenants for itself, its successors and assigns and every successor in interest to the property herein described, or any part thereof, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by FAA in accordance with 14 CFR Part 77, "Objects Affecting Navigable Airspace," or under the authority of the Federal Aviation Act of 1958, as amended. (C) Non -Discrimination Covenant. The Grantee covenants for itself, its successors, and assigns and every successor in interest to the Property hereby conveyed or any part thereof, that the said Grantee and such successors and assigns shall not discriminate upon the basis of race, color, religion, or national origin in the use, occupancy, sale, or lease of the property, or in their employment practices conducted thereon. This covenant shall not apply, however, to the lease or rental of a room or rooms within a family dwelling unit; nor shall it apply with respect to religion on premises used primarily for religious purposes. The Grantor shall be deemed a beneficiary of this covenant without regard to whether it remains the owner of any land or interest therein in the locality of the Property hereby conveyed and shall have the sole right to enforce this covenant in any court of competent jurisdictions. VIII. Specific Environmental Notices, Exceptions, Restrictions and Covenants Affecting the Property This Quitclaim Deed covering the Property is expressly made subject to the following environmental notices, exceptions, restrictions and covenants affecting the Property to the extent and only to the extent the same are valid and affect the Property: -6- Notice that the Property contains improvements that may contain lead-based paint - Warning. (1) Grantee is hereby informed and does acknowledge that all buildings on the Property, which were constructed or rehabilitated prior to 1978, are presumed to contain lead-based paint. Grantor has notified Grantee as to lead-based paint on the Property prior to the date of this Quitclaim Deed. To the best knowledge and belief of Grantor, any lead-based paint that may be found on the Property does not currently pose a threat to human health or the environment. (2) Available information or inspection results concerning known lead-based paint and/or lead-based paint hazards, the location of lead-based paint and/or lead- based paint hazards, and the condition of painted surfaces has been made available to Grantee. (3) Grantee, for itself and its successors and assigns, covenants that it has received the opportunity to conduct its own risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards prior to execution of this deed. (4) Grantee covenants and agrees for itself, and its successors and assigns, that it shall not permit the occupancy or use of any existing buildings or structures on the Property as Residential Real Property without complying with this section and all applicable Federal, State, and local laws and regulations pertaining to lead-based paint and/or lead-based paint hazards. Prior to permitting the occupancy of the Property where its use subsequent to sale is intended for residential habitation, Grantee specifically agrees to perform, at its sole expense, the General Services Administration abatement requirements under Title X of the Housing and Community Development Act of 1992 (Residential Lead -Based Paint Hazard Reduction Act of 1992)(hereinafter Title X). (5) Grantee, its successors or assigns, shall, after consideration of the guidelines and regulations established pursuant to Title X: (1) comply with the HUD and EPA Disclosure Rule (24 CFR 35, 40 CFR 745, Subpart F), when applicable, by disclosing to prospective purchasers the known presence of lead-based paint and/or lead-based paint hazards as determined by previous risk assessments, (2) abate lead-based paint hazards in paint, dust and bare soil in accordance with the HUD Guidelines relating to abatement, with the addition of abatement of bare soil with lead levels higher than 2000 ppm, and (3) comply with the EPA lead-based paint work standards when conducting lead-based paint activities (40 CFR 745, Subpart L). (6) Grantee, its successors or assigns, further agree to indemnify and hold harmless Grantor, its officers, agents and employees, from and against any and all suits, claims, demands, or actions, liabilities, judgments, costs and attorney's fees arising out of, or in any manner predicated upon personal injury, illness, disability, -7- death, property damage, or Toss of use, business or profits resulting from, related to, caused by or arising out of lead-based paint or lead-based paint hazards at, on or from the Property. Grantee's obligation hereunder shall apply whenever Grantor incurs costs or liabilities for actions giving rise to liability under this Section. (7) In the event of noncompliance with any of the terms and conditions of disposal, title to the property transferred shall revert to the United States of America at its option. The interest quitclaimed hereby has been reported to the Administrator of General Services and has been determined to be surplus for disposal pursuant to said Federal Property and Administrative Services Act of 1949, as amended and applicable rules, orders and regulations. IN WITNESS WHEREOF, the United States of America has caused these presents to be executed this 3o i day of Tu e' , 2006. UNITED STATES OF AMERICA Acting by and through the Administrator of General Services By Mwt,s.'vi M LVIN E. FREEMAN Senior Realty Specialist Real Property Disposal Division Greater Southwest Region General Services Administration -8- THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, a Notary Public in and for the State of Texas, on this day personally appeared MELVIN E. FREEMAN, known to me to be the person whose name is subscribed to the foregoing Quitclaim Deed, and known to me to be the Senior Realty Specialist, Real Property Disposal Division, Greater Southwest Region, General Services Administration, Fort Worth, Texas, and, acknowledged to me that the same was the act and deed of the United States of America and of the Administrator of General Services and that he executed the same as the voluntary act of the United States of America and of the Administrator of General Services for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE at Fort Worth, Texas, this . 34,: ay of A e 2006. Notary Public, mate of Texas -9- e.cT April 12.2008 1 Terry t Kircher My Comrmission Expires