1.
This Act shall be cited as the Denver
Federal Center Redevelopment Act
.
2.
Denver federal center development authority
Part C of subtitle II of title 40, United
States Code, is amended by adding at the end thereof the following
new
chapter:
71
Denver federal center development
7101.
Master lease development authority
(a)
The Administrator of General Services may enter into leases of
Federal real property, including
improvements thereon, with totally
non-Federal entities to provide for
the construction,
rehabilitation, operation,
maintenance, or use of all, or portions
of, the Denver Federal Center as
described in section 7106, or such
other activities related to the
Denver Federal Center as the
Administrator considers
appropriate. For purposes of this chapter, a
lease of Federal real property,
including improvements thereon,
shall be referred to as a master
lease.
(b)
A master lease entered into under this section—
(1)
shall have as its primary purpose enhancing the value of the
Denver Federal Center to
the United States;
(2)
shall be negotiated pursuant to such procedures as the
Administrator considers
necessary to ensure the integrity of the
selection process and to
protect the interests of the United
States;
(3)
may provide a lease option to the United States, to be
exercised at the discretion
of the Administrator, to occupy any
general purpose office,
storage or other usable space in a
facility covered under the
master lease;
(4)
shall be for a term not to exceed 50 years;
(5)
shall describe the consideration, duties and responsibilities
for which the United States
and the non-Federal entity are
responsible;
(6)
shall provide—
(A)
that all development risk shall remain with the
non-Federal entity;
(B)
that the United States will not be liable for any action,
debt or liability
of any non-Federal entity; and
(C)
that such non-Federal entity may not execute any
instrument or
document creating or evidencing any
indebtedness unless
such instrument or document specifically
disclaims any
liability of the United States under the
instrument or
document; and
(7)
shall include such other terms and conditions as the
Administrator considers
appropriate.
(c)
A master lease entered into under this section shall be for fair
consideration, as determined by the
Administrator. Consideration
under a master lease may be
provided in whole or in part through
in-kind consideration, including
provision of other real and related
property, goods or services of
benefit to the United States,
construction, repair, remodeling,
or other physical improvements of
Federal property, environmental
remediation or maintenance of
Federal property, or the provision
of office, storage or other
usable space.
7102.
(a)
Authority To convey remaining interests
In carrying out a master lease entered into under this chapter,
the Administrator is authorized to
convey the interest of the United
States in the property covered by
the master lease to the
non-Federal entity by sale or
exchange, if the Administrator first
determines in writing that such
conveyance is in the interests of
the United States;
(b)
Other authorities not affected
The authority to enter into a master lease under this chapter
shall be in addition to, and not in
lieu of, any other authorities
of the Administrator to convey
interests in real property by lease,
sale, or exchange.
(c)
Obligations To make payments
Any obligation to make payments by the Administrator for the use
of space, goods or services by the
General Services Administration
on property that is subject to a
master lease under this chapter may
only be made to the extent that
necessary funds have been made
available to the Administrator, in
advance, in an annual
appropriations Act.
7103.
Relationship to other laws
(a)
The authority of the Administrator under this chapter shall not be
subject to—
(1)
sections 521 through 529 and sections 541 through 559;
(2)
section 1302;
(3)
section 3307; or
(4)
any other provision of law (other than Federal laws relating
to environmental and
historic preservation) inconsistent with
this chapter.
(b)
Unutilized or underutilized property
Any property covered under a master lease entered into under this
section shall be deemed to be
property for which there is a
continuing Federal need and may not
be considered to be unutilized
or underutilized for purposes of
section 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11411).
7104.
(a)
Net proceeds from a master lease entered into under section 7101
shall be deposited into,
administered, and expended, subject to
appropriations Acts, as part of the
Federal Building Fund
established under section 592. In
this section, the term net
proceeds from a master
lease entered into under section
7101 means the rental proceeds from the master lease
minus the expenses incurred by the
Administrator with respect to the
master lease.
(b)
The Administrator may retain from the proceeds of a master lease
entered into under section 7101
amounts necessary to recover the
expenses incurred by the
Administrator with respect to the master
lease. Such amounts shall be
deposited in the account in the
Treasury from which the
Administrator incurs such expenses.
7105.
(a)
Before entering into a master lease under section 7101, the
Administrator of General Services
shall transmit to the appropriate
Committees of Congress a report on
the proposed development and
master lease of the Denver Federal
Center not less than 30 days
before the award of a master lease;
(b)
A report transmitted under this section shall include a summary of
a cost-benefit analysis of the
proposed development and a
description of the provisions of
the proposed master lease.
7106.
Description of the Denver Federal Center
As used in this chapter, the term
Denver Federal Center
means a parcel of land, located
in section 9 and in the East half of the
East half of the East half
Section 8, Township 4 South, Range 69 West
of the Sixth Principal
Meridian, being more particularly described
as follows:
Commencing at the northeast corner of said section 9;
thence S76°38′34"W a distance of 779.20 feet to a point on the
southerly right-of-way line
of West 6th Avenue being also the
true point of beginning;
thence S45°23′16"E a distance of 932.42 feet to a point on the
westerly right-of-way line
of Kipling Street;
thence along the westerly right-of-way line of said Kipling
Street the following three
courses:
thence
S00°23′16"E, a distance of
1806.59 feet;
thence S00°23′04"E, a distance of 2341.02 feet;
thence S44°37′45"W, a distance of 355.19 feet to a point
on the northerly
right-of-way line of West Alameda
Avenue;
thence along the northerly right-of-way line of said West
Alameda Avenue the
following three courses:
thence
S89°23′50"W, a distance of
2298.81 feet;
thence S89°24′08"W, a distance of 2544.90 feet to a point
of tangent curve;
thence along said curve to the left an arc distance of
475.81 feet, having
a central angle of 11°38′25", a radius
of 2342.00 feet and
a chord bearing of S83°31′57"W, a chord
distance of 474.99
feet to a point on the south line of the
southeast quarter
of said section 8;
thence S89°37′30"W, along the said south line, a distance of
296.29 feet to a point on
the westerly line of the east half of
the east half of the east
half of said section 8;
thence along the westerly line of the east half of the east
half of the east half of
said section 8 the following two
courses:
thence
N00°00′10"W, a distance of
2634.40 feet;
thence N00°00′33"W, a distance of 2344.86 feet to a point
on the southerly
right-of-way line of West 6th
Avenue;
thence along said southerly right-of-way line the following
five courses:
thence
N89°44′33"E, a distance of
655.37 feet to a point on the
westerly line of the
northwest quarter of said section
9;
thence N89°44′33"E, a distance of 50.00 feet;
thence N81°11′33"E, a distance of 856.70 feet;
thence N89°14′41"E, a distance of 1741.83 feet;
thence N89°14′40"E, a distance of 1876.55 feet to the
point of beginning.
Said parcel contains 29,182,824 square feet or 669.95 acres, more
or less.
Note: For the purpose of this description the bearings are based
on the east line of the northeast
quarter of said section 9 bearing
S00°23′16"E, a distance of 2640.79
feet and monumented by a found
31/4" aluminum cap marked l.p.i. pls
34986
on the north end and by a found
31/4" aluminum cap marked vigil land
consultants ls 20699
on the south end.
.
3.
The index for part C of subtitle II of title
40, United States Code, is amended by inserting the following at
the end
thereof:
Chapter
71—Denver Federal Center
Development
.