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Res 2233 9/19/1978RESOLUTION NO. OfJJ RESOLUTION APPROVING LICENSE AGREEMENT WITH THE DEPARTMENT OF THE AIR FORCE AUTHORIZING USE OF RAMP AREA AT SHEPPARD AIR FORCE BASE FOR DRIVER TRAINING SCHOOL. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain License Agreement, a copy of which is attached hereto, whereby the Air Force authorizes the City to utilize a portion of an aircraft parking ramp area at Sheppard Air Force Base for a Police Department Driver Training School, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 19th day of September, 1978. MAYOR ATTEST: City Clerk DEPARTMENT OF THE AIR FORCE LICENSE THE SECRETARY OF THE AIR FORCE hereby grants to City of Wichita Falls, Texas a license, for a period of five (5) Years commencing on 1 October 1978 and ending 30 September ,1983 but revocable at the will of the Secretary of the Air Force, to utilize a portion of Sheppard Air Force Base for a Police Department Driver Training School. as shown:in red on Exhibit A attached hereto and made a part hereof, and described as follows: The aircraft parking ramp area on the northwest end of Sheppard Air Force Base, Texas. THIS LICENSE is granted subject to the following conditions: Y.—That"th iic'ensers t ri is • • 2. That the exercise of the privileges hereby granted shall be without cost or expense to the United States,under the general supervision and subject to the approval of the officer having immediate jurisdiction over the property, hereinafter referred to as "said officer," and subject also to such regulations as may be prescribed by him from time to time. 3. That any-property of the United States damaged or destroyed by the licensee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the licensee to the satisfaction of the said officer, or in lieu of such repair or replacem.nt the licensee shall, if so required by the said officer, pay to the United States money in an amount sufficient to compensate for the loss sustained by the United States by reason of damage to or destruction of Government property. 4. That the United States shall not be responsible for damages to property or injuries to r` persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the licensee, or for injuries to the person of the licensee, or for damages to the property or injuries to the person of the licensee's officers,agents, servants, or employees or others who may be on said premises at their invitation or the invitation of any one of them, arising from governmental activities on the said premises,and the licensee shall hold the United States harmless from any and all such claims. ENG FOAM JUL 8uBa (ER 405-1-860) 1 5. That, on or before the date of expiration of this license or its relinquishment by the licensee, the licensee shall vacate the said Government premises, remove all property of the licensee therefrom,and restore the premises to a condition satisfactory to the said officer, dam- ages beyond the control of the licensee and due to fair wear and tear excepted. If, however, this license is revoked, the licensee shall vacate the premises, remove said property therefrom, and restore the premises as aforesaid within such time as the Secretary of the Air Force may designate. In either event, if the licensee shall fail or neglect to remove said property and so restore the premises, then, at the option of the SecretesppfSecretary of the Air Force, said property shall either become the property of the United States without compensation therefor,or the Secretary of the Air Force may cause the property to be removed and the premises to be so restored at the expense of the licensee, and no claim for damages against the United States or its officers or t2-!. agents shall be created by or made on account of such removal and restoration work. ti-That-the-licensee-shall-pay-the-cost, as determined- -the said-o ccr,-- and/or supplying any utilities and other services furnished by the Goyeaarnzerit or through Government-awned facilities for the use of the licenseec,..in,elndiiii the licensee's proportionate share of the cost of operation and maintouxitcriV the Government-owned facilities by which such utilities or services.-are-jr'oducuced or supplied. The Government shall be under no obli- gation isltilities or services. Payment shall be made in the manner prescribed by saes-bills 7. That the United States shall not be responsible for damages to property or injuries to persons which may_arise from or be incident to the construction, maintenance, and use of the facilities constructed by the licensee on the said premises. 8. That this license may be terminated by the licensee at any time by giving to the Sec- retary of the Air Force, through the said officer, at least ten (10) days' notice in writing; pro- vided that, in case of such termination, no refund by the UnitedStates of any compensation theretofore paid shall be made, and provided further, that in the event the said notice is not given at least ten (10) days prior to date compensation is due the United States hereunder, the licensee shall be required to pay the compensation for the period or term shown in Condition No. 1 hereof. 9. That it is to oe understood that this license is effective only insofar as the rights of the United States in the property involved are concerned, and that the licensee shall obtain such permission as may be necessary on account of any other existing rights. 10. The ramp will be used two days for each class, approximately six times per year; portable equipment used will be removed at the end of each training period or upon notification by the Base Commander if he determines that the area is required in support of any DOD mission. 11. The base will be notified by the Police Department each time a class is to be held, at least two work days in advance; and the names of all personnel attending the training session will be furnished in advance in order that there will, be no probems with admission to the base. i , 12. Prior to execution of this license, Conditions 10, 11, and 12 were added, i and Conditions 1 and 6 were deleted. w r I )•• This License is not subject to Title 10, United States Code, Section 2662. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Air Force this day of 19 MICHAEL B. COTTRELL Chief, Real Estate Division This above instrument, together with all the conditions thereof, is hereby accepted this day of 19 CITY OF WICHITA FALLS, TEXAS TITLE k' 4. j L 3 I • 1 INSTRUCTION SHEET 1'„1 ADOITIONAL PROVISIONSi t1 r L; 1. When the license is to cover the installation, maintenance and use of a utility line thefollowingconditionswillbeadded: z. l'-: a That the installation and/or operation and maintenance of the line shall be accom- plishedr.: pushed in each a manner as not to endanger personnel or property of the United ki States on the land of the United States or obstruct travel ofany road thereon. b. That the licensee shall super-vise the said line and cause it to be inspected at reason- able intervals, and shall immediately•repair any defect found therein as a result of such inspection, or when requested by said officer to repair any defets. Upon completion of the installation of said line and the making of any'repairs thereto, the premises shall be restored immediately by the licensee at the licensee's own expense, to the same condition as that in which they existed prior to the commence- ment of such work, to the satisfaction of the said officer. c. That the United States reserves to itself the right to construct, use, and mairtain across, over, and/or under the right of way hereby granted, electric transmission, telephone, telegraph, water, gas, gasoline, oil, and sewer lines, and other facilities, in such a manner as not to create any unreasonable interference with the use of I the right of way herein granted. 2. In addition to the conditions set forth in the preceding paragraph the following conditions will be added in instances where the license is to cover the installation, maintenance, and use of electrical transmission, telephone, or telegraph lines. a. That the right-of-way hereby granted shall not occupy more land than is reasonably necessary for such purpose, as determined by the said officer, and in no event shall exceed a width of feet on each side of the center line thereof. b. That the licensee shall furnish through said line such service as may be required from time to time for governmental prerpases on said land, provided that payment for all such service will be made by the United States at rates which shall be mutually agreeable but which shall never exceed the most favorable rates granted by the licensee for similar service. 3. The following conditions will be added where the license is to cover the construction, main- tenance, and use of a road or street: a. That the United States shall in no case be liable for any damages or injuries to the said road or street which may be caused by or result from any operations undertaken C:1 by the Government, and no claim or right to compensation shall accrue from such damages or injuries. i b. That the United States reserves the right to make such connections between the road or street herein authorized and roads and streets on said lands as the said officer may from time to time consider necessary, and also reserves to itself rights of way for all purposes across,over,and/or under the right of way hereby granted; idprovided, however, that such rights shall be used in a manner that will not create unnecessary nter erence with the use and enjoymentyf by the licensee of said right of way for road or street purposes.