HomeMy WebLinkAbout05589ORDINANCE NO. 5569
AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN PUEBLO, A
!MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA
FOR THE AUTOMATED SURFACE OBSERVING SYSTEM AT PUEBLO
MEMORIAL AIRPORT TO THE UNITED STATES WITHOUT COST, AND
AUTHORIZING THE PRESIDENT OF THE COUNCIL TO EXECUTE SAME
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO THAT:
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A certain License Agreement, ASOS W /OP 3/89, a copy of w;iich is
attached hereto and made a part hereof by reference, after having been
approved as to form by the City Attorney, by and between Pueblo, a
Municipal Corporation, and the United States of America, relating to the
use of land for the Automated Surface Observing System at Pueblo I',emorial
Airport to the United States Department of Commerce, Ilational Oceanic and
Atmospheric Administration, without cost, be and the same is hereby approved,
SECTION 2:
The President of the Council is hereby authorized to execute said
License Agreement on behalf of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the Seal of the City thereto and attest the same.
SECTION 3:
This Ordinance shall become effective immediately upon final
approval.
INTRODUCED February 26, 1990
BY KENNETH HUNTER
APPR D:
PyLj,Aent of the Council
ATTEST:
Ci y Clerk
U.S. Department of Commerce
National Oceanic and Atmospheric Administration
IRREVOCABLE LICENSE FOR USE OF REAL PROPERTY
Date: December 8, 1989
Grantor: City of Pueblo
Address: Mr. Raymond Monroe, Director of Aviation, 31475 Bryan Circle, Pueblo, CO 81001
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, shall have ready 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 sea. 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:
Pueblo Memorial Airport, Pueblo, CO Rev. No. 1 Dated: December 1989
This license is effective beginning April 30, 1990 for a period of 15 years unless terminated earlier by mutual
agreement.
IN WITNESS WHEREOF, this license is executed as of the date first above written.
GRANTOR: THE UNITED STATES OF AMERICA
CITY OF PUEBLO U.S. Dept. of Commerce, NOAA
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By. By.
MiC Occhid o Contracting Officer
Special Engineering Program Office
Title: President of the City Coun cil Central Administrative Support Center
ASOS W /OP 3/89