
To: Department of the Army
Commander CECOM
Attn: AMSEL-PE-PD, Bldg 1207
Fort Monmouth, NJ 07703
Through: Ms. Alisa McCann, Architectural Historian
National Park Service
Historic Surplus Property Program
U.S. Custom House
200 Chestnut Street
Philadelphia, PA 19106
The undersigned, Township of Wall, hereinafter referred to as the Applicant
or Grantee, acting by and through Joseph L. Verruni, Township Administrator,
Township of Wall, 2700 Allaire Road, P.O. Box 1168, Wall, NJ 07719-1168
hereby applies for the conveyance, without (state or local government)
monetary
consideration, for use for historic monument purposes, from the United
States of America pursuant to Section 203(k)(3) of the Federal Property
and Administrative
Services Act of 1949, as amended [40 U.S.C. 484(k)(3)], and in accordance
with the rules and regulations of the Department of the Army, hereinafter
referred to
as the Department, the following described property:
Camp Evans Historic District
37.93 acres
This property is more fully described in the Program of Preservation and Utilization attached hereto and made a part hereof.
Enclosed herewith is a resolution or certification as to the authority of the undersigned to execute this application and to do all other acts necessary to consummate the transaction. The undersigned agrees that this application is made subject to the following terms and conditions:
1. This application and its acceptance by the Department shall constitute the entire agreement between the Applicant and the Department, unless modified in writing by both parties.
2. The descriptions of the property set forth above are believed to
be correct, but any error of omission shall not constitute ground or reason
for nonperformance of the agreement resulting from the acceptance of this
application.
3. It is understood that the property is to be conveyed "As Is" and
"Where Is" without representation, warranty, or guaranty as to quantity,
quality, character,
condition, size or kind, or that the same is in condition or fit to
be used for the purpose intended, and no claim for any adjustments 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 after acceptance
of this application.
Should the Applicant fail to take actual possession within such period,
it shall nonetheless be charged with constructive possession commencing
at 12:01 a.m., local
time, of the 16th day after such request by the Department. The word
"possession" shall mean either actual physical possession or constructive
possession.
5. As of the date of assumption of possession of the property, or the
date of conveyance, whichever occurs first, the Applicant shall assume
responsibility for any
general and special real and personal property taxes which may have
been or may be assessed on the property, and shall pay its part of the
proration of any sums
paid, or due to be paid by the Government in lieu of taxes.
6. As of the date of assumption of possession of the property, or the
date of conveyance, whichever occurs first, the Applicant shall assume
responsibility for care
and handling and all risks of loss or damage to the property and have
all obligations and liabilities of ownership. .
7. In support of eligibility to acquire the property for historic monument
purposes, the undersigned submits a proposal entitled "Program
of Preservation and
Utilization" attached hereto. The "Program
of Preservation and Utilization" may be amended from time to time at
the request of either the Applicant or the
Government, with the written concurrence of the other party. Such amendments
will be added to, and become a part of, the original "Program
of Preservation and
Utilization." As part of the review
of any amendments, the NPS is required to comply with Section 106 of the
National Historic Preservation Act, as amended, and the National Environmental
Policy Act, as amended. The Applicant further agrees that it will
furnish such data, maps, reports, and information as may be requested by
the Secretary of the Interior to comply with these, and any other, laws
as required.
8. Conveyance of the Property shall be accomplished by an instrument,
or instruments, in form satisfactory to the Department, without warranty,
express or implied, and shall contain reservations, restrictions, and conditions
substantially as
follows:
a. That the Grantee shall forever use the property in accordance with its application and the approved program attached thereto entitled "Program of Preservation and Utilization. "
c. Biennial reports setting forth the use made of the property during the preceding two-year period shall be filed by the Grantee with the Secretary of the Interior at: National Park Service, Philadelphia Support Office, U.S. Custom House, 200 Chestnut Street, Philadelphia, PA 19106. If the Administrator of the General Services has authorized revenue-producing activities, the Grantee shall file with the Secretary of the Interior at the same address every two years the following reports:
1. Financial Report. The Financial Report shall include the following:
(a) Statement of income from all sources during the reporting period.
(b) Statement of expenses classified according to the following categories:
(i) repair, rehabilitation, and restoration costs;
(ii) recurring maintenance requirements costs; and
(iii) administration and operations costs.
(c) Statement of disposition of excess income.
The financial report will cover two accounting years, whether fiscal or calendar, as mutually agreed by the Grantee and the Secretary of the Interior, and will be submitted within 90 days after the close of the accounting year.
2. Audit Report. The Audit Report will consist of a report by an independent audit firm summarizing the results of the biennial audit in sufficient detail to disclose the financial position of the Grantee and the validity of the accounting procedures.
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d. The Government shall have the right, during any national emergency, including any existing national emergency, to full unrestricted use of the property conveyed without charge; provided, the Government shall bear the entire cost of maintenance of all property so used. It shall pay fair rental for use of improvements added by the Grantee without Federal aid.
e. Title to the property transferred shall revert to the United States at its option in the event of noncompliance with any of the terms and conditions of disposal.
9. Any title evidence which may be desired by the Applicant will be procured by the Applicant at its sole cost and expense. The Government will, however, cooperate with the Applicant or its authorized agent in this connection, and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved, as it may have available. It is understood that the Government will not be obligated to pay for any expense incurred in connection with title matters or survey of the property.
10. The Applicant shall pay all taxes imposed on this transaction and shall obtain at its own expense and affix to all instruments 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 placed on record in the manner prescribed by local recording statutes at the Applicant's expense.
11. The attached "Assurance of Compliance with
the Department of the Interior Regulations under Title VI of the Civil
Rights Act of 1964" is hereby a part of the
application.
12. The Grantee shall, within a period of six months from the date of the signing of the Deed of Conveyance, erect and maintain a sign of compatible scale and materials near the principal access to the property stating that: "The (name of building/property) was acquired by (local government entity) from the Federal Government through the Department of the Army as Historic Surplus Property on (date). This public benefit program is administered by the National Park Service. " Additional information may also be included, such as names of local officials, etc. A temporary sign may be erected during any rehabilitation work. The final design and text of the sign must be included in the Program of Preservation and Utilization.
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__5/21/2001______
___Joseph L. Verruni________
Date Signature
Joseph L. Verruni
Township Administrator
Township of Wall
2700 Allaire Road
P.O. Box 1168
Wall, NJ 07719-1168
ACCEPTANCE BY THE GOVERNMENT
Accepted by and on behalf of the United States of America this ___________
day of
_________________, 200_
DEPARTMENT OF THE ARMY
By: ______________________________________
Signature
______________________________________
Name - printed
______________________________________
Title
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The following agreement is made by the Applicant in consideration of, and for the purpose of, obtaining the transfer of any or all property 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
by this application is transferred to the Applicant will be conducted in
compliance with, and
the Applicant will comply with and require any other person or any
legal entity who through contractual or other arrangements with the Applicant
is authorized to
perform activities or provide services or benefits under said program
to comply with, all requirements imposed by 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 subject in all respects to the provisions of said regulations;
(3) the Applicant will promptly take and continue to take such action as may be necessary to effectuate this agreement;
(4) the United States shall have the right to seek judicial enforcement of this agreement; and
(5) this agreement shall be binding upon the successors and assigns of the Applicant.
It is agreed that the instrument effecting the transfer to the Applicant
of any property covered by this Application will contain provisions satisfactory
to the United States incorporating the substance of the foregoing agreement,
such provisions to consist of (a) a covenant running with the land, and
(b) a condition, as part of the covenant provision, 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.
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