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Home My WebLink About58-74 RESOLUTIONRESOLUTION NO. .58-74- BE T874- BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a liscense agreement with the Federal Aviation Administration for a twenty foot by oetyz foot tract of land adjacent to the Flight service station at Drake Field to be used for a shop and storage building. A copy of said liscense;.d)agreement, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND. APPROVED THIS 166 DAY OF 1974. ',ATTEST: 061 jkoi tai. ITY CLERK <'= max. r. APPROVED: MA OR - .441445 DEPARTMENT OF TRANSPORTATION . FEDERAL AVIATION ADMINISTRATION POST MICE 30X.1639 FORT WORTH; TEXAS 76101 LICENSE NO.J50T-FA74SW-1252 APPROACH LIGHT LANE .SITE fl INSTRUMENT LANDING,SYSTEM SITES RADAR SITES X SHOP & STORAGE BUILDING SITE Location LICENSE wayettchvilleelunicipal Airport) Arkansas 1. For and in consideration of the benefit to the Fayetteville Municinal Airport and to the general public utilizing same, the undersigned, herein- after referred to as the licensor, hereby grants to the UnitedStates of America the license, right and privilege to install, operate and maintain an approach light lane; an instrument landing system; radar facilities; and necessary control facilities, upon the following described lands in the Countyof . . shinnott in the State of"' Arkansas • more particularly described as follows: A rectangular plot of land on Fayetteville Municipal Airport, Washington County, Fayetteville, Arkansas, more particularly described as follows: • From the west wall of the engine generator enclosure go 34 feet southerly from southwest corner of said wall to the Point of Beginning of the plot; thence easterly 20 feet to a. point; thence southerly 40 feet to a point; thence westerly 20 feet to a point; thence northerly 40 feet to a point being the Point of Beginning and containing 800 square feet (.018 acre).•more or less. More particu- larly shown in red on sketch marked EXHIBIT "A" attached hereto and made a part here9f.Together with the right of ingress and egress over the. said lands and adjoining lands of the licensor, necessary or convenient for the installation, operation and maintenance of the approach light lane; an'instdunent landing system; radar facilities; and necessary control facilities; and a right-of-way for a power line and control line, overhead and underground, or other facilities, over and across the said lands and adjoining lands of the licensor, said right of ingress and egress and said right-of-way, unless hereinbefore described by metes and bounds, to be by the most convenient routes; and the right to utilize any existing power lines, control lines, conduits, or other facilities of the licensor which are adaptable to use in connection with the purpose of this license. 3. The right of ingress and egress and the right-of-way herein granted shall insure tothe bene- fits of the licensee and its duly authorized agents, representatives, contractors and.employees. 1. The licensor further agrees not to erect or to allow to be erected on the property licensed hereby or on adjacent property of the licensor, any structure or obstructitin of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government. under the terms of this license unless consent thereto shall first he secured from the licensee in writing. 5. This license shall become effective May 152 1974 and shall remain in force until June 30. 1974 and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The Government's option shall be deemed exercised and the license renewed each year for one year unless the Government gives 30 days notice that it will not exercise its option, before this license or any renewal thereof expires; PROVIDED, That no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of June 1994. FAA Form 4423-1 (5-67) SUPERSEDES FAA FORM 1334 FILED 114 MY OFFICE THIS I D Y Otate&......19.724 City Clerk 4 4allxV17iticice-1474h.'17/174X.8.41W2WaDdi1011iLDUD44Thr.k4X4IWICKIROtiltilealtr.RDeantstgirratDOMNRW rtuaari...ka0.12,214..Thwaiwatto..-. rea•mipaix 7. All structures, improvements, or other property placed upon the said premises by the United States shall remain its property and may be removed by it upon the expiration or termination of this license or within 90 days thereafter. 8. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or partof this license or to any benefit to arise therefrom. Nothing, however, herein contained shall be construed to extend to any incorporated company,. if the license.be for the general benefit of such corporation or company. 9. The licensor hereby warrants that it has acquired and possesses an adequate real estate right in the property described herein, and that it is authorized to grant to the United States of America, the rights and interests set forth herein. 10. • Covenant Against Contingent Fees: The licensor warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or under- standing for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies rnaintained by the licensor for the purpose of securing business. For breach �r violation of this warranty the Government shall have the right to annul this license without liability or in its discretion to deduct from the contract price or con- sideration, the full amount of such commission, brokerage, percentage, or contingent fee. DATED THIS .. 30th DAY OF September I. 19 74 • CITY OF FAYETTEVILLE, CaRANSAS ) Articles 11, 12, 13 and 14 I `7 (1:21? -0.-247,e follow the signatory page. (Licenso) Address: P. b. Drawer "F".. 72701 ACCEPTED: UNITED STATES OF AMERICA By: 77 5,..9a Uti ' MILTON J. PAL Contracting Officer • (If Licensor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) sk:ecm I, Darlene Westbrook , CERTIFY that I am the City Clerk tWof the Corporation named as licensor in this license that Russell T. Purdy who signed said license on behalf of the licensor, was then Mayor of said corporation, that said license was duly signed for and in behalf of said corporation by author- ity of its governing body, and is within the scope of its corporate powers. {CORISORATE SEAL] FAA Ar,O7•6970 C • License No. DOT-FA74SW-1252 Shep & Storage Bldg Site Fayetteville Municipal Airport Fayetteville, Arkansas Page TERMINATION: The Cevernment shall have the right and privilege to terminate this license at any time during the initial term, or any renewal thereof, by giving thirty (30) days' notice in writing to the Licensor,. such notice to be coma puted from the postmark date cited on the envelope in which said notice is mailed. 12.- MINERAL RICKTS:' • The Government claims no mineral rightson the licensed property and restricts itself to surface rights. 13. NON-RESTORA.ION: It is hereby agreed between the parties that, upon the termination of its occupancy, the Government shall have no obligation to restore and/or rehabili- tate, either wholly or partially, the property which is the subject cutter of thia license. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or Located upon said property by the :'government during its tenure. Notice of abandonment will be - conveyed to the Licensor in writing. ADDITIONS V'D PELFTIO`iS: Article 6 vas deleted in its were added hereto and ziade a part parties hereto. entirety; and Articles 11, 12, 13, and 14 hereof prior to execution by either of the