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Resolution 163-1982 RESOLUTION NO)63 -1982 RESOLUTION AUTHORIZING THE CHAIID'~N OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE LICENSE NO. DOTFA82S0-l3070 BY AND BETWEEN THE BOARD OF COUNTY COl1MISSIONERS OF MONROE COUNTY, FLORIDA, AND THE UNITED STATES OF AMERICA FOR THE PURPOSE OF INSTALLING THO 4-BOX VASI FOR RWY 09/27 KEY WEST INTERNATIONAL AIRPORT, KEY ~mST, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF HONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute License No. DOTFA82S0-l3070 by and between the Board of County Commis- sioners of Monroe County, Florida, and the United States of America, a copy of same being attached hereto, for the purpose of installing two (2) 4-Box VASI for Rw~ 09/27, Key West Inter- national Airport, Key West, Florida. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of June, A.D. 1982. COUNTY COMMISSIONERS COUNTY, FLORIDA By _I L 'Z 'z} >c~ (Seal) ARAlPH: \~. V~"llE, CLERK ~ ~~~ {'II. p ~ ,1).<.'... Cs Clerk ~~:roRM ~~ 8Y ! ,; 'f....U. . AltDfflrl'. OffIce - --rt:. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHERN REGION DOTFA82S0-13070 Location: Key West, Florida LICENSE 1. For and in consideration of the benefit to the Key West International Airport and to the general public utilizing same, the undersigned, hereinafter referred to as the licensor, hereby grants to the United States of America the license, right and privilege to install, operate and maintain (two) 4-Box VASI, RW 09/27 and necessary control facilities, upon the following described lands in the County of Monroe in the State of Florida more particularly described as follows: Downwind Bar: From the Point of Start I (P.O.S.I), said point being the intersection of the threshold and centerline of Runway 27, proceed S86 027 '19"w along said centerline a distance of 300' to a point, said point being Point of Beginning I (P.O.B.I); thence S3032'4l"E a distance of 100.0' to the downwind inboard unit; thence S3032'41"E a distance of 16.0' to the downwind outboard unit. Upwind Bar: From the P.O.S.I, proceed S86027'19"W along the runway centerline a distance of 1,000' to a point, said point being POB II; thence S3032'41"E a distance of 100.0' to the upwind inboard unit; thence S3032'41"E a distance of 16.0' to the upwind outboard unit. 2. 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 4-BOX VASI System; 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. granted agents, The right of ingress and egress and the right-of-way herein shall inure to the benefits of the licensee and its duly authorized representatives, contractors and employees. 7- 4. The licensor further agrees not to erect or to allow to be erected ~n the property licensed hereby or on adjacent property of the licensor, any structure or obstruction of whatsoever kind or nature as will interfere with the proper operation of the facilities to be installed by the Government under ~le terms of this license unless consent thereto shall first be secured from the licensee in writing. 5. This license shall become effective June 2, 1982 and shall rema~n in force until September 30, 1982, and may, at the option of the Government, be renewed from year to year upon the terms herein specified. The Government I 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 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 September, 2002. 6. All structures, improvements, or property placed upon the said prem~ses 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. 7. No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share or part of 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. 8. 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. 9. 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 understanding for a commission, brokerage, percentage, or contingent fee, excepting bonafide employees or bonafide established commercial or selling agencies maintained by the licensor for the purpose of securing business. For breach or 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 consideration, the full amount of such commission, brokerage, percentage, or contingent fee. 10. Reference Drawing SO-D-3749-P ~s made a part of the agreement herein for any and all purposes. Obstruction Clearance Requirement. The Licensor shall maintain, during the life of the Facility a 1.50 clearance plane, defined as a plane measured from the horizontal at the downwind bar, which is 10 below the aiming angle of the downwind bar, 100 to either side of the extended runway centerline and extending outward from the downwind bar a distance of six nautical miles. .... 3 11. The Government is granted permission to install cable to each facility, and to use existing ducts under the taxiways. , 19 8.2 DATED THIS 28th DAY OF June ATTEST: OF BY: TITLE: ACCEPTED: BY: TITLE: Contracting Officer (If Licensor is a corporation, the following certificate shall be executed by the secretary or assistant secretary.) I, , CERTIFY that I am the Corporation named as licensor in " who signed said license of said for and in behalf of said and is within the scope of Secretary of the this license that on behalf of the licensor, wa~ then corporation, that said license was duly signed corporation by authority of its governing body, its corporate powers. [CORPORATE SEAL]