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HomeMy WebLinkAbout33708 / 85-12` ,r December 12, 1985 (CARRIED PURPOSE: INITIATED BY: LOST LAID OVER # 12 RESOLUTION WITHDRAWN ) OBTAIN CLEAR TITLE TO THE FORMER NAVAL RESERVE RIFLE RANGE ELDG, DEPARTMENT OF PARKS WHEREAS, certain real property owned by the United States, located in the County of Winnebago, State of Wisconsin, has been declared surplus and at the discretion of the General Services Administration, may be assigned to the Secretary of the Interior for disposal for public park or recreation purposes, under the provisions of Section 203(k)(2) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 387), as amended, and rules and regulations promulgated pursuant thereto, more particularly described as follows: A S,OOQ square foot concrete block structure, formerly used as a rifle range in the demolished rifle range complex. Said building is located in Menominee Park within the City of Oshkosh. This application is for the building alone. No real estate is involved. GSA control iF S-N-WI-561-A. WHEREAS, the City of Oshkosh needs and will utilize said property in perpetuity for a public park or recreation area as set forth in its application and in accordance with the requirements of said Act and the rules and regulations promulgated thereunder; and WHEREAS, it is understood that the City of Oshkosh by virtue of previous improvements in excess of the net building worth, does not anticipate further expenditures to consumate this transfer. NOW, THEREFORE, BE IT RESOLVED, That the City of Oshkosh shall make application to the Secretary of the Interior for and secure the transfer to it of the above mentioned property for said use upon and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the Secretary of the Interior, or his authorized representative may require in connection with the disposal of said property under said Act and the rules and regulations issued pursuant thereto; and Be It Further Resolved that the City of Oshkosh has legal authority, is willing and is in a position to assume immediate care and maintenance of the property, and that William D. Frueh, City Manager be and he is hereby authorized, for and on behalf of the City of Oshkosh to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance - 19 - DECEMBER 11, 1985 RESOLUTTON {continued) documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the Federal surplus property acquisition. SUBMITTED BY A_PPRO'TED - 20 - ,' � RESOLUTION # 12 APPLICATION FOE FEDERAL SU&PLUS PROPE&TY FO& PUBLIC PA&X OH &ECSEATION PUEPOSES To: National Park Service (For address, see letterhead) The undersigned Part A (State or local government or instrumentality thereof) hereinafter referred to as the Applicant or Grantee, acting by ar.d through (Name and Title of person havi:.g authority to make application> (Street address and business telephone number) hereby makes application to the United States pursuant to Section 203(k)(2) of tLe Federal Property and Administretive Services Act of 1949 (63 Stat. 387), as amended, and in accordance with the rules and regulations of the Department of the Interior, foc the transfer of the following propertp which has beea declared surplus by the General Services Administration and is subject to assignment to the Secretary of the Intecior for disposal for public park or recreation purposes: Insert 1. The complete name and location of the property being requested. 2. GSA Control Number of tha subject pcoperty. 3. Acreage of the total property or portion thereof being requested cader t�:s applicst:on :cr park and recreation purposes only. The property is more fully described in Part B of this application, attached hereto and made a part thereof. Enclosed herewith as Part C of the appli�ation is a resolution or certiPied statement showing the authority of the undersigned to ezecute this applica- tion and to do all other acts necessary to consummate the transaction. - A-2 - - 20a - J RESOLUTION # 12 The undersigned agrees that this application is made subject to the Following tecros and conditions: 1. Yhis application and its acceptance by the Department of the Interior shall constitute the entire agrefinent between the Applicant and the Department of the Interior, unless modified in writing signed by both parties. 2. The descriptions of the property set forth above are believed to be cor:ect, but any error or omission shall not ccnstitute ground or reaaon for non-perfoxmance of the agreement resulting from the acceptance of this applicatioa. 3. It is understood that the property is to be canveyed "as is" and "where is" without representation, warraaty, or guaranty as to quantity, quality, charac'ter, condit;o:,, s:ze, or rind, o: that the same is in condition or fit to be used for the purpose intended and no claim for any adjustment upon such grounds will be considered after this application has been accepted. 4. The Applicant agrees to assume possession of the property within 15 days of any written request given by the Department of the Interior after the property has been assigned to the Department of the Interioc by the General Services Fdministratioa. Shoald the Applicant fail to take actual possession within such period, it shall nonett,eless be charged with constructive possession commencing at 12:01 A.H., local time, of the 16th day after such request by the Department of the Interior. The word "possession" shall mean either actuai physical possession or constructive possession. 5. At the date of assumptio❑ of possession of the property, or the date of conveyence, whichever occurs first, the Applicant shall assume responsibility for any general and special real and personal pcoperty taxes, which may have been or may be assessed an the propecty, and to prorate sums paid, or due to be paid, by the Federal Government in lieu of taz�s. 6. At the date of assumption of possession of the property, or the date of conveyaoce, whichever occurs first, the Apglicant shall assume responsibility for care and handling and all risks of loss or dsmage to the property, and have all obligations and liabilities of ownership. 7. The Applicant shall on a mutually agreeable date not later than 30 3ays after the property has been assigned to the Depactment of the Interior, or such longer period as may be ugreed upon in wciting, tender to the Department of the Interior the purchase pcice, if a pucchase price is due. - A-3 - - 20b - RESOLUTION # 12 g, Conveyance of the property shall be aecomplished by an instrument, or instruments, in form satisfactory to the Department of the Intecior without waeranty, ezpress or implied, and shell contain reservations, restrictions, and coaditions substantially as follows: A. That the Grantee shall forever use the property in accordsnce with its applicatioa and the approved Program of Utilization included in Part B of this application. 6. 2hat the Grantee shall, within siz months of the date of the signing of the Deed of Conveyance, erect and maintain a sign or marker near the point or principal access to the conveyed erea indicating that: the property is a park or recreation area; has been acquired from the Federal G�vernment for such use; is or will be made available fer use �y the general public. C. The property shall not be sold, leased, assigned, or othervise disposed of except to another eligible govecnmental agency that the Secretarp of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public tecreational purposes subject to the same terms and eonditions in the original instrument of conveyance. NoWever, nothing in this provision shall preclude the Grantee from providiag related recreational facilities and services compatible with the approved program mentioned under the above Item A through concessioa agreements entered into with third parties, provided tDe prior concucrence of the Secretary oF the Tnterior is obteined in writing to such agreements. D. 2he Grantee sha12 prepare bienniel reports setting forth the use made of the pcoperty ducing the preceding two-year period and submit it to the appropriate Regional OEfice of the National Park Service {whose return address appears on the transmittal letter to yon) for ten consecutive reports, and as further determined by the Secretery oF the Interior. E. if at anp time the United States of America shaZl determine that the premises herein conveyed, or any part the:eoF, are needed for the national defense, aL� right, title, and interest in end to said premises, or part thereof determined to be necessary to such national defense, shall revert to and become the property of the United States of America. F. The Federal Government shall have the right to reserve a21 oiZ, gas, and mineral rights. G. Title to the property transferred sha12 revert to the United States at its option in the event of non-compliance with any of the terz�s and conditions of disposal, _ p_q _ - 20c - RESOLUTION # 12 9, ihe Progrem of lltilization included in Part B of the applieation may be amended at the request of either the Applicant or the Federal Government with the written eoncurrence of the other party. Snch amendments will be added to and become a part of thQ origiaal application and shall be consisteat with purposes for which the property was transferred. The Applicant further agrees to furnish such data, maps, reports, and information as may be needed by the National Park Service. 10. Any title evidence which may be desired by the Applicant will be procured by the ?pplicant et its sole costs and ezpease. T6e Federal Government will, however, cooperate with the Applicsnt or its authorized agent ia this connection and will permit exatnination and inspection ef such deeds, abstraets, affidavits of title, judgements in condemnation proceedings, or other documents relatiag to the title o_' the premises and property involved as it may have available. It is understood tha! the Eederal Government will not be obligated to pay for anp expense incurred in connection with title matters or survey of the property. 11. The Applieant shall pay all tazes imposed on this transaction and shall obtain at its own ezpense and affiz to ell instrwnents of conveyance and security documents such revenue and documentary stamps as may be required by federal and local law. All instruments of conveyance and security documents shall be recorded within 30 days of their receipt in the manner pceseribed by local recording statutes at the Applicent's ezpense. 12. "Assurance of Compliance ��ith the Department of the Interior Regulations under Title VI of the Civil Rights Act of 1964:� The following agreement is made by the Applicant in considecation of and for the purpose of obtaining the transfer of any or all propetty covered by this application and the Applicant recognizes and agrees that any such transfer will be made by the United States in reliance on said agreement. The Applicant agrees that (1) the program for or in connection with which any property covered bq this application as transferred to the Applicant will be conducted in compliance with, and the Applicant will comply with and require any other person (any legal entity) who through contractual or other arrangements with the Applicant is authorized to provide services or benefits under said program to comply aith, all requirements imposed bp or pursuant to the regulations of the Department of the Interior (43 CFR Part 17) issued under the provisions of Title VI of the Civil Rights Act of 1964; (2) this agreement shall be - A-S - - 20d - J RESOLUTION # 12 subject in all respects to the pcovisions of said regulations; (3) the Applicant will pcomptlp take and continue to take such action as may be necessary to effectuate this agreement; (4) the United States ehall have the right to seek judicial enforcement of this agreement; and (S) this agreement shall be binding u?on the successors and assigns of the Applicant. 13. "The applicant agrees to comply with the requirements of Public Law 90-460 (82 Stat. 718) the Architectural 8arriers Act of 1968 as amended by Public Law 91-205 of 1970 (84 Stat. 49) to assure that development of facilities oa conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Law 93-112, The &ehabilitation Act of 1973 (87 Stat. 394) that no otherwise qualified handicapped individual shall solely by reasons of his handicap be ezcluded from the participation in, be denied benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.^ It is agreed that the instrument efFecting the transFer to the Applicant of any property covered by this applicatioa will contain provisions satisfactory to the United States, incorporating the substance of the foregoing agreement such provisions to consist of (a) a condition, coupled with a right reserved to the United States to cause the property to revert to the United States in the event of any breach of such condition and (b) a covenant running with the land. (Date) (Signature) (Title) (Address of Applicant) ACCEPTANCE BY THE GOVERNHENT Accepted by and on behalf of the United States of America this day oF , 19 _ U. S. DEPARTMENT OF THE INTERIO& By �� - 20e - C� ` /y_ p �G `�T 3 C] e� Q � � � � �F � _ �lD � � �, � � � � P- c"� 3 no � --1 � O m z o •• A �G O N 1 rn L � Z O n�, < ,�+ x � �. � � � O (D c") 1D tn � N N d � a ��F N � 3 —I � � �. h�� �- m �� �o a � r+ �� �� W „ � o .� �� am .-. � � � :LJ � � � N (� t� �