THE BELOW TESTIMONY WAS SENT TO ME FROM SOMEONE OTHER THEN PAULA:
There are contingencies in the QUITCLAIM DEED between Sioux Falls and the Va regarding the land of Spellerberg Park. We are focusing on the first two contingencies. The third contingencies reads as follows.
c) In the event of a reversion of such land to the United States because of default by the Grantee or for breach of the above covenants by Grantee, the fair market rental value of such land for the period it is held by the City of Sioux Falls, South Dakota, shall be deducted from the purchase price paid by said City and the balance, if any, shall be repaid to the aforesaid City.
Below are the first two contingencies plus 10 questions to consider after one reads the two contingencies. In my opinion, the city has already breached the contract with the inclusion of flood control detention ponds. I think the city would be extremely irresponsible to place a $20 million dollar taxpayer funded facility on this land in light of these contingencies, and the veteran support that is mounting against placement of such a center at Spellerberg.
I have a copy of the QUITCLAIM DEED if you would like a copy.
CONTINGENCIES of QUITCLAIM DEED
17/TH DAY of NOVEMBER, 1955
between UNITED STATES OF AMERICA and CITY of SIOUX FALLS, SOUTH DAKOTA
a) The premises herein conveyed are to be continuously used only as and for park and recreational purposes in a manner which, in the judgment of the Administration of Veterans’ Affairs or his designate, will not interfere with the care and treatment of patients in the Veterans’ Administration Hospital, Sioux Falls, South Dakota.
b) The premises are herein conveyed upon the condition that in the event they are not used for such above stated purpose, all right, title, and interest therein shall immediately revert to and revest in the United States of America, and upon which reversion the title of the City of Sioux Falls, South Dakota thereto shall cease and determine and the United States of America shall have the immediate right of possession thereof.
QUESTIONS of CONSIDERATION
1. Are detention ponds for flood control considered uses for park and recreational purposes only?
2. Could increased parking and traffic issues interfere with the care and treatment of VA patients?
3. Who and only who determines if patient care or treatment is being compromised? Could a present decision of satisfaction from the VA be reversed in the future?
4. In the event that state and area local veterans, unhappy with parking and traffic issues relating to an indoor aquatic center placement within Spellerberg Park, and their perceived ability to access and attain treatment at the Veterans’ Administration Hospital, complain and apply sufficient pressure to the Veterans’ Administration, thus causing the park land known as Spellerberg Park to revert to the United States of America?
5. Does the current overflow parking situation around the Veterans’ Hospital in Sioux Falls, South Dakota indicate there already is a parking shortage issue and need for more land at said hospital? (Remember, the first Park and Rec maps released for public viewing at the Oyate Center neighborhood meetings, labeled overflow parking usage availability at VA parking lots. This slip is Park and Rec’s accountable acknowledgment of the city’s inability to provide sufficient parking at the proposed indoor aquatic center within Spellerberg Park, and contain all parking within the park, and at the same time retain, without compromise, all the amenities of said park.)
6. Is it wise usage of taxpayer dollars to move beyond the concept of a neighborhood park and neighborhood outdoor pool usage to a large citywide indoor aquatic complex and center, designed to hold and accommodate national swim meets of 1000 people in attendance, considering the location has questionable contingencies in it’s Quick Claim Deed as well as outstanding parking and traffic issues?
7. Does widening surrounding streets eliminate any parking issues or could it actually increase parking issues?
8. Is it not apparent to anyone who visually surveys the VA grounds that those grounds are very congested and definitely reveal a need for additional land for expansion?
9. Is the city of Sioux Falls prepared to control and monitor, on a daily basis, any and all overflow parking issues resulting from a large citywide aquatic center placement at Spellerberg Park?
10. Is the city of Sioux Falls prepared to assume responsibility for any Homeland Security issue that may arise on the grounds of the Veteran’s Hospital as a result of the increase of traffic and population into this quiet hospital zone?