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Government and People
|GSA GSA National Capital Region
The Honorable Anthony A. Williams
Dear Mayor Williams:
Thank you for your "Request for Transfer of Excess Real and Related Personal Property'" dated July 2, 2002, requesting the transfer of Federal real property to the municipal government of the District of Columbia.
The property is known as Reservation 13 and is located in southeast Washington, D.C. It is bound by Independence Avenue, S.E., on the north; by 19th Street, S.E., on the west; by G Street, S. E., on the south; and by United States Reservation 343 on the east. The property is more particularly described as follows: BEGINNING AT A POINT, said point being the southeast corner of the intersection of Independence Avenue, S.E., and 19th Street, S.E., and proceeding due East 1164.0 feet to a point; thence proceeding in a southeasterly direction along an arc with a radius of 1050.0 feet and a delta of 37 degrees 34 minutes 44 seconds East an arc distance of 688.87 feet to a point; thence due South 969.39 feet to a point; thence proceeding in a southwesterly direction along an arc with a radius of 909.81 feet and a delta of 27 degrees 29 minutes 30 seconds West an arc distance of 436.55 feet to a point; thence South 27 degrees 29 minutes 30 seconds West 201 AS feet to a point; thence due West 980.13 feet to a point; thence due North 478.33 feet to a point; thence due West 206.0 feet to a point; thence due North 2208.42 feet to the Point of Beginning, containing 65.73 acres, more or less. For purposes of taxation and assessment the property is recognized as a portion of Lot 800 of Square E-1 112.
Pursuant to the Federal Property and Administrative Services Act of 1949, as amended, (40 U.S.C. 481 et seq.) and acting under the authority delegated to me, I hereby transfer the property to the District of Columbia (hereafter "the District") without reimbursement, subject to the conditions specified below. In addition to those rights and responsibilities previously maintained, the District will assume sole custody and accountability for the property. Because of the District's use and occupancy of the property, and by virtue of this transfer and acceptance thereof, the District expressly releases the Federal government from any liability of whatever nature with respect to the property.
1. Environmental Protection: The property is transferred subject to compliance by the District with the provisions of the National Environmental Policy Act of 1969, as amended, including the preparation of an environmental impact statement if required.
2. Notice Regarding Hazardous Substance Activity: Pursuant to 40 CFR 373 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), [42 U.S.C. 9620(h)(i)), and based on a complete search of agency files, the United States gives notice that no hazardous substances have been released, disposed of, or stored for one year or more on the property:
2.1. The District acknowledges and agrees that in its use and occupancy of the property it will comply with all Federal, state, and local laws relating to hazardous substances.
2.2.The District acknowledges it is a potentially responsible party as defined by CERCLA and that the Federal government has no liability with respect to any remediation as a result of the District's prior, current, or future use of the property.
2.3.The District acknowledges that the Federal government has no environmental responsibility or liability relating to use of the property by the District, its agents, contractors, lessees, or any entity acquiring a possessory interest in the property through the District. The District will forever hold harmless and indemnify the Federal government with respect to environmental contamination on the property or any part thereof, and all claims, actions, and judgments, including all costs, arising from and relating to the use of the property.
3. Historic Preservation: The following conditions shall be binding on the parties hereto, their successors, assigns, and all other parties having an interest in the property. However, the District of Columbia Historic Preservation Officer (H P0) may for good cause, and with the concurrence of the Advisory Council on Historic Preservation (ACHP), modify or cancel any or all of the following restrictions upon written request:
3.1. The structures situated on the subject property will be assessed, preserved, and maintained in accordance with plans approved in writing by the HPO. Any development of the property shall be in compliance with The Secretary of the lnterior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, and plans shall be approved by the HPO for guidance in planning the development and redevelopment of the property. Archeological resources shall be protected and preserved in place. If such resources must be disturbed mitigation measures must be undertaken with the prior permission of the HPO. If the developing party and the HPO are unable to agree on the proposed development, the developing party shall forward all documentation relevant to the dispute to the ACHP. The developing party, HPO, and the ACHP shall reach an agreement regarding the proposed development. In the event of violation of these conditions, GSA or the HPO may institute a suit to enjoin such violation or for damages by reason of any breach thereof.
4. Extension of Massachusetts Avenue: The District hereby covenants and agrees that no improvement shall be constructed that would impede the extension of Massachusetts Avenue southeastward, in line with said Avenue's present orientation and width, extending onto the adjoining Reservation 343, terminating in a cul-de-sac or traffic circle upon the southeastern boundary line of the property and said Reservation, the radius of which shall be at least four (4) times the width of said Avenue and emanate from a point on said boundary line intersecting with the mid-point of said Avenue as extended. This covenant shall be binding upon the property, the Transferee, and all other persons who shall have an interest in the property, including without limitation, all lessees, licensees, grantees, assigns and transferees thereof. In furtherance of this covenant, the District shall cause to be recorded in the Office of the Surveyor for the District of Columbia, within 12 months of the date hereof, a plat showing the land described in this covenant upon the property, in line with the extension of Massachusetts Avenue as described herein, as set aside for public highway and declared to be absorbed as part of the street system of the District of Columbia.
5. Existing Interest: The District acknowledges the leasehold tenancy of the Federal Court Services and Offender Supervision Agency (CSOSA) on the property and covenants that future reasonable accommodation shall be preserved unabated and unintermpted, and in accordance with applicable law, unless terminated by the act and decision of CSOSA.
6. Air Navigation: The District covenants for itself and any tenants to the property herein described, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with 14 CFR 77, entitled "Objects Affecting Navigable Airspace," or under the authority of the Federal Aviation Action of 1958, as amended.
7. Outgrants: The District shall not enter into any lease or other outgrant agreement for the property or any portion thereof for a term which, including all options, exceeds fifteen (15) years, without prior notification to GSA and receipt of certification from GSA that there is no known Federal user for the property in question, except as otherwise provided herein. In the event a Federal user is identified for the property under consideration to be granted out, GSA shall have the option to transfer custody and accountability back from the District at no cost to meet the identified need. GSA shall have the option to request the District to transfer custody and accountability to the Federal government at no cost within sixty (60) days unless additional time is required, and, upon such request, the District shall transfer the property within sixty (60) days or a mutually agreeable time thereafter. In the event no Federal user is identified for the property under consideration to be granted out, GSA shall use best efforts to issue such certification within sixty (60) days. The foregoing limit of a maximum 15 year term for any lease or outgrant for the property, inclusive of options, without prior notification to GSA and certification from GSA as aforesaid1 shall not apply to the following leases or outgrants of the property:
7.1 District leases or other outgrants to governmental entities of the Distnct1 including ancillary transactions necessary to support municipal government occupancy including commercial or retail concerns such as dry cleaners or food establishments.
7.2 District ground leases or outgrants to third parties, used as a financing mechanism by the District for the development of municipal facilities, wherein such third parties construct improvements under District plans and specifications, and lease back to the District the completed project, land and improvements.
Please acknowledge receipt of this transfer in the space provided below and return a copy to this office. The signed acknowledgement of this letter shall constitute the agreement of the government of the District of Columbia to the conditions1 restrictions, and limitations, and obligations set forth above.
My Commision expires_____________________
ACKNOWLEDGEMENT BY TRANSFEREE:
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