HomeMy WebLinkAbout107-89 RESOLUTIONRESOLUTION NO. 107-89
A RESOLUTION AUTHORIZING AN IRREVOCABLE
LICENSE BETWEEN THE CITY OF FAYETTEVILLE AND
U.S. DEPARTMENT OF COMMERCE, NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.
BE IT RESOLVED BY THE'. BOARD 'OF DIRECTORS°-OF'THE CITY OF
FAYETTEVILLE, ARKANSAS: L L "
Section 1. That the Board of Directors are hereby
authorizingw an irrevocable ;license ,for use ,of real property
between the City of Fayetteville and U.S. Department of Commerce,
National Oceanic and Atmospheric Administration. A copy of the
license authorized kfor execution hereby is,attached hereto marked
Exhibit "A" and made a; part'hereof.,.1
PASSED AND APPROVED this 7th day of November , 1989.
APPROVED:
By:
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U.S. Department of Commerce
National Oceanic and Atmospheric Administration
IRREVOCABLE LICENSE FOR USE OF REAL PROPERTY
October 4, 1989
Grantor: City of Fayetteville
Address: 113 West Mountain Street, Fayetteville, AR 72701
WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATES OF AMERICA,
hereinafter referred to as the GOVERNMENT; and of the covenants and agreements to be kept and performed by the
GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, an irrevocable license for the use of
the premises, services, and facilities hereinafter described or other mutually acceptable locations for the
installation, operation, maintenance, repair, replacement, and removal of Automated Surface Observing System
(ASOS) equipment including, but not limited to: field sensor group(s), acquisition control unit (ACU),
communications and peripheral equipment, antenna(s), and connecting signal and power cables.
It is covenanted and agreed that the GOVERNMENT, or the GOVERNMENT'S contractor, shallhaveready and convenient
access to the premises at all times, and that the GOVERNMENT reserves the right to make such alterations,
additions, and improvements as may be necessary for proper ASOS operation. It is further covenanted and agreed
that all structures, fixtures, or equipment placed by the GOVERNMENT on said premises under this license, or any
previous license or permit, shall be and remain the exclusive property of the GOVERNMENT, notwithstanding the
same may be attached to the realty so as to become a part thereof; and that the GOVERNMENT shall have the right
to remove all structures, fixtures, and equipment so erected or placed on said premises
If at any time before the expiration of this license the GRANTOR desires to change the location of the sites
furnished to the GOVERNMENT pursuant to this license, or the GRANTOR changes or modifies its facilities
(runways or other areas), or allows others to change or modify such facilities in such a manner so as to
adversely effect or render useless the GOVERNMENT'S equipment, facilities, and/or related power, control or
signal lines, any cost for repair or for removal of said equipment, facilities, and/or related power, control,
or signal lines to another site acceptable to the GOVERNMENT shall be at the same expense of the GRANTOR.
The terms and conditions of this license and the conditions herein shall bind the GRANTOR, and the GRANTOR'S
heirs, executors, administrators, successors, and assigns.
To the extent authorized by the Federal Tort Claims Act, 28 U.S.C.-Sec. 2671 et seq., the GOVERNMENT assumes
full control and sole responsibility for its equipment, personnel and activities incident to this license.
The premises, services, and facilities to be provided by the GRANTOR pursuant to this license are described in
the ASOS SITE SURVEY REPORT for the following which is incorporated herein by reference:
Drake Field, Fayetteville, Arkansas Rev. No. 1 Dated: October 1989.
This license is effective beginning October 1, 1991 for a period of 15 years unless terminated earlier by mutual
agreement.
mnrr71N"WITNESSWHEREOF:%his-hcense is—executedasbf-the,date first above written"" ---r`1.--
GRANTOR: THE UNITED STATES OF AMERICA
U.S. Oept. of Commerce, NOAA
City of Fayetteville
By:
Contracting Officer
Special Engineering Program Office
Central Administrative Support Center
IFXH!lRIT A
ASOS W/OP 3/89