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
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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.
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(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.
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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."
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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:
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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,
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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
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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
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e.cT April 12.2008
1
Terry t Kircher
My Comrmission Expires