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HomeMy WebLinkAboutResolution - 3596 - License Agreement - NOAA - ASOS Equipment, LIA - 04_25_1991Resolution No. 3596 April 25, 1991 Item #18 :is RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and irected to execute for and on behalf of the City of Lubbock an Agreement with he United States Department of Commerce, National Oceanic and Atmospheric dministration, for a License for the Use of Real Property at Lubbock Inter- ational Airport, Lubbock, Texas, beginning October 1, 1992, for a period of ifteen (15) years, unless terminated sooner by mutual agreement. Said Agree- ent is attached hereto and incorporated in this Resolution as if fully set orth herein and shall be included in the minutes of this Council. Passed by the City Council this 25th ATTEST: neuue boyo, Liu �,ecreia APPROVED AS TO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: Linda L. Chama es, Assistant City Attorney day of April , 1991. B. C. M -MYNN, MAYOR L_ neSUtuulUu ivU. j5yb April 25, 1991 Item #18 U.S. Department of Commerce NOAA License Number National Oceanic and Atmospheric Administration 061ABFM129 LICENSE FOR USE OF REAL PROPERTY February 28, 1991 Grantor: City of Lubbock Route 3, Box 389, Lubbock, TX 79401 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, a 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 (ASO$) 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, shall have ready and convenient access to the premises at all times, subject to the security and safety rules of the GRANTOR, and that the GOVERNMENT reserves the right to make such alterations, additions, and improvements to the ASOS 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 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 expense of the GRANTOR. If at any time prior to the expiration of this License the GOVERNMENT desires to change the location of the site furnished to it by the GRANTOR, all costs related to moving the equipment, facilities, and/or related power, control, or signal lines shall be borne by the GOVERNMENT. The terms and conditions of this license and the conditions herein shaLL.bind the GOVERNMENT, 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: LUBBOCK INTERNATIONAL AIRPORT, LUBBOCK, TX (LBB) Dated: 02/28/91 This license is effective beginning 10/01/92 for a period of 15 years unless terminated earlier by mutual agreement. IN WITNESS WHEREOF, this license is executed as of the dates indicated. City of Lubbock THE UNITED STATES OF AMERICA U.S. Dept. of Commerce, NOAA Printed Name: B. C. McMinn Contracting Officer Mayor r Special Engineering Program Office Title: Y Central Administrative Support Center Date: April 25, 1991 ASOS W/OP 9/90