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Home My WebLink About095467l RESOLUTION NO. 9546 A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPOR- ATION AND THE DEPARTMENT OF THE ARMY RELATING TO THE TEMPORARY USE OF CITY PROPERTY FOR MILITARY TRAINING AND RATIFYING THE EXECUTION OF SAID LICENSE AGREEMENT BY THE CITY MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The License Agreement, No. VJK 260201 ( "License ") between the City of Pueblo, a Municipal Corporation and the Department of the Army, a redacted copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. A true and complete un- redacted copy of said License which is on file in the office of the City Clerk shall remain sealed to and until July 1, 2002 and shall not be open to public inspection prior to said date except pursuant to Court Order. Council hereby finds and declares that the location and dates of the military training authorized under the License, not to exceed seven (7) days in length, have been redacted from the public version of the License attached hereto at the request of the Department of the Army for security purposes. SECTION 2 The execution of the License by the City Manager is hereby ratified and affirmed. INTRODUCED: March 25, 2002 BY: Patrick Avalos C UNCILPERSON APPROVED: PRESIDENT OF THE CITY COUNCIL ATTESTED BY: �u CITY 4ERK Background Paper for Proposed RESOLUTION 1 11 41 'e AGENDA ITEM # I' DATE: MARCH 25, 2002 DEPARTMENT: CITY MANAGER'S OFFICE LEE R. EVETT, CITY MANAGER DAVID J. GALLI, DEPUTY CITY MANAGER TITLE A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE DEPARTMENT OF THE ARMY RELATING TO THE TEMPORARY USE OF CITY PROPERTY FOR MILITARY TRAINING AND RATIFYING THE EXECUTION OF SAID LICENSE AGREEMENT BY THE CITY MANAGER ISSUE Representatives from the United States Army stationed at Fort Bragg, North Carolina have asked the City of Pueblo for permission to use a piece of property owned by the City for military training sometime during the course of this year. It is estimated that the Army will be at the location for no longer than a couple of days. The representatives from the Army required a signed copy of a license agreement to take with them following their discussions with City administration. That agreement was signed by the Deputy City Manager (in the absence of the City Manager) but is not effective until approved by the City Council. A copy of the license agreement is attached, however, the dates and location have been blacked out as the Army has asked that we keep the dates and location confidential. A copy of the agreement disclosing the date and location is included in your packet in a separate envelope marked "confidential." AGAIN, THE ARMY HAS REQUESTED THAT THE DATES AND LOCATION NOT BE DISCLOSED TO ANYONE OTHER THAN THE MEMBERS OF THE CITY COUNCIL. RECOMMENDATION Approval FINANCIAL IMPACT The City will receive no revenue, nor will there be any expenses associated with this agreement. The Army will be responsible for all clean up at the location and any damages, if any, that may occur. LICENSE (BLDG) # VJK260201 DEPARTMENT OF THE ARMY LICENSE Licensor, Pueblo, a Municipal Corporation , is the owner /manager/ agent of certain real property that the United States of America, hereafter "the Government," requests to use for military training. Licensor hereby grants a license to the Government, upon the following terms and conditions: 1. Revocable License Licensor grants to the Government a revocable license to enter into and upon the lands and * L2002 ses described in paragraph below at.any time within the period from to so no in order to conduct mill raining. 2. Compensation Licensor provides this license at no cost. 3. Scope of Training Activities The training event may include the use of live and training munitions, including simunitions (paint balls), small explosive charges used to enter buildings and rooms quickly, tactical movement of soldiers in and around the property, noise making distraction devices, room entry and clearance, building climbing, and the use of rotary and fixed wing aircraft. The specific training activities that will be conducted pursuant to this license agreement will be discussed and agreed to between the Licensor and the Government during the walkthrough, described in paragraph 4, below 4. Walkthrough Prior to the Government's use of the premises under this license, representatives of the Government and Licensor will conduct a walkthrough of the premises to observe the general.condition of the building and to discuss required preparations, the scope of training activities, and likely repairs by the Government, if any, that may be necessary as a result of the training.; The Government will prepare a written memorandum to document the scope of the training activities, repairs that the Government will perform at the conclusion of the training event, and the results of the walkthrough. Should Licensor elect not to participate in the walkthrough, the Government will attach the memorandum to this license. Subsequent to the training event representatives of the Government and Licensor will conduct a second walkthrough to discuss cleanup and repair issues, if any. 5. Liability a. ' Government Liability to Licensor or Third Parties The Government isresponsible, under the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. H 1346(b), 2671 -2680, or the Military Claims Act (MCA), 10 U.S.C. § 2733; as applicable, to Licensor and any third parties for any injury to persons ordamage to property proximately caused by the acts or omissions of Governmentemployees acting within the scope of'their employment. The Government agrees to return /the property to the Licensor in substantially the same condition it was prior to the training event, unless otherwise agreed upon. The Government reserves the right to make repairs to the property that would return it to the condition that existed at the start of the license. The right to make repairs should not be construed as a modification of the rights and obligations under the FTCA or MCA. Licensor or injured third parties may use the FTCA or MCA to recover losses caused as a result of the training exer4ise that are not repaired or compensated for adequately by the Government using other means. The FTCA provides a means of recovery for negligent acts by government personnel. The MCA provides a means of recovery for damages or injuries caused by military personnel conducting non - combat activities, including training, that are not the result of negligent acts. In no case will the Government's liability exceed that allowable under applicable law, including the FTCA and MCA. VERSION 18 APR 00, ALL OTHER VERSIONS OBSOLETE REDACTED VERSION b. Licensor Liability to the Government Licensor is not liable to Government for damage or destruction to Government property or equipment, or injury or death to Government personnel. LICENSOR makes no representation that the property is suitable for the contemplated training. Government representatives will inspect and evaluate the suitability and safety of the property for the proposed training. The Government acknowledges that these premises may contain hazardous conditions. 6. Contract Damages to Property Licensor agrees to notify the Government of any damage to the premises, beyond that discussed by the parties, within five (5) days of the expiration of the period outlined in paragraph 1, above Failure to notify the Government within the five (5) day period constitutes a waiver of such damage claim. The Government agrees to negotiate a settlement within fifteen (15) days of notification of damage. Any payments by the Government under this license are subject to the availability of funds for such purpose. 7.. Security Licensor agrees not to enter or grant permission to others to enter onto the premises during a period of training without prior permission of the Government. Licensor consents to the Government's placement of guards at various points to prevent observation and participation in the training by persons not authorized to do so. Licensor may, however, enter the premises at any time to revoke this license. 8. Licensor's Representation Licensor makes no representation as to whether the premises are occupied or vacant. It is solely the Government's responsibility to determine and maintain the vacancy of the premises throughout the term of this license. Licensor represents only that neither Licensor nor any of his agents, contractors, or employees shall enter the premises during the period of this license without Government consent, except to revoke the license pursuant to paragraph 7, above. 9. Property Description The lands or premises affected by this license are located in the State of Colorado County or City of Pueblo , and are further described as follows: 10. Facsimile The parties agree that a facsimile copy of this license bearing signatures of Licensor-s and the Government's representatives is valid for all purposes. Pueblo, a Municipal Corp orationuNITED STATES OF AMERICA Printed Name o Licens �®"'� By • B Y Signature of icensor David J. alli Robert D. Peterson Assistant City Manager Government Representative Capacity Phone (719) 584 -0800 Phone: (910) 396 -0947 FAX: (7191584 -0850 FAX: (910) 396 -0686 Address for notice: _1 C-i t y Hal l Pl ace Pueblo. CO 81003 Address for notice: P.O. Box 70660 Fort Bragg, North Carolina 28307 -5000 11. Effectiveness. This instrument shall become effective upon approval by i y Council of Pueblo. VERSION 18 APR 00, ALL OTHER VERSIONS OBSOLETE LICENSE No VJK26u101 Date: February 28, 2002 MEMORANDUM BETWEEN LICENSOR AND GOVERNMENT SUBJECT: Building Walk - through /Waiver 1. As a result of the walk - through /waiver conducted on .February 28, 2QD by representatives of the Government and the Licensor the following agreements were made: a. Explosive door breaching: NONE AUTHORIZED b. Mechanical door breaching: NONE AUTHORIZED c. Explosive window breaching: NONE AUTHORIZED d. Mechanical window breaching: NONE AUTHORIZED e. Other breaching (vaults, walls, roofs, etc) : NONE AUTHORIZED Re- securing /closing the building : dose a nd lock all exterior doors and return keys to g. Debris removal: All training related debris will be removed the unit upon completion of the training event h. Climbing limitations: NONE AUTHORIZED i. Off limit areas: NONE j. Additional points: NONE /This will be used as a simunitions training area only PUEBLO, MTTNTrTUAT, MPPnRATT Printed name of Licensor/ Licensor's Representative (Signatu ) David J. Galli Assistant City Manager VINCENT-J. KT.nT 7. Government Representative (Signature)