Resolution 366-1989
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RESOLUTION NO. 366
-1989
A RESOLUTION BY THE BOARD OF eOUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
AGREEMENT BETWEEN THE FEDERAL AVIATION
ADMINISTRATION, DEPT. OF TRANSPORTATION
(SOUTHERN REGION) AND MONROE COUNTY
CONCERNING THE INSTALLATION, OPERATION
AND MAINTENANCE OF A RUNWAY-END IDENTIFICATION
LIGHTS (REIL) SYSTEM AND CONTROL FACILITIES
AT THE KEY WEST INTERNATIONAL AIRPORT.
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to approve the agreement between the
Federal Aviation and Administration, Dept. of Transportation
(Southern Region) and Monroe County concerning the installation
and operation and maintenance of a Runway-End Identification
Lights System and necessary control facilities at the Key West
International Airport, a copy of same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this A?fJ_ day of JIt., &. , 1989, A.D.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By //lI~. ~
Mayor /~~rman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By
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Attorney's Office
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DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION
DTFA06-89-L-I0829
Location: REIL, Runway 27
Key West Int'l
Airport
Key West, FL
LICENSE
1. For and in consideration of the benefit to the Key West
International Airport, Key West, Florida, and to the general public utiliz-
ing 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 a Runway-End Identification Lights (REIL)
System and necessary control facilities, upon the following described lands
in the County of Monroe in the State of Florida more particularly described
as follows:
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From the point of start (POS), being the intersection of the threshold
of Runway 27 and the centerline of Runway 09/27, proceed N 86027' 19"E
along the extended centerline a distance of 40' to the point of beginn-
ing (POB). From the POB, proceed 803032'41"E, 125' to REIL Unit #1.
From the POB, proceed N03032'41"W, 125' to REIL Unit #2. From the POB,
proceed S03032'41"E, 360' to a point then N 86027'19"E, 15' to power
and control station, as depicted on FAA Drawing No. 80-D-100474-LOl,
dated 3/8/89, which is attached hereto and made a part of this agree-
ment.
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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 REIL; and necessary control
facilities; and a right-o~-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 pounds, 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.
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3. The right of ingress and egress and the right-of-way herein granted
shall inure to the benefits of the licensee and its duly authorized agents,
representatives, contractors and employees.
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4. The licensor further agrees not to erect or to allow to be erected
on the property licensed hereby or on adjacent property of the licensor,
any structure pr obstruction of whatsoever kind or nature as will interfere
with the proper operation of the facilities to be installed by the Govern-
ment under the terms of this license unless consent thereto shall first be
secured from the licensee in writing.
5. This license shall become effective April 1, 1989, and shall remain
in force until September 30, 1989, and may, at the option of the Government,
be renewed from year to year upon the terms herein specified. The Govern-
ment'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 not
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 2004.
6. All structures, improvements, or property placed upon the said
premises 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.
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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 ~elling 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 cOrlsideration, the
full amount of such commission, brokerage, percentage, or contingent fee.
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DATED THIS
DAY OF
(SEAL )
ATIEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
(Licensor)
BY:
BY:
Deputy Clerk
TITLE:
MAYOR/CHAIRMAN
Address: 500 Whitehead Street
Key West, Florida 33040
ACCEPTED: UNITED STATES OF AMERICA
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
Secretary of the Corporation named as licensor in
this license that , who signed said license
on behalf of the licensor, was then of said
corporation, that said license was d~ly signed for and in behalf of said
corporation by authority of its governing body, and is within the scope of
its corporate powers.
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[CORPORATE SEAL]
APPROVE:) AS.O FORM
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