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HomeMy WebLinkAboutC19-187 US Department of DefenseRMT-NAV-19-VAIL-006 INITIALS: _________ & _________ LICENSOR GOVERNMENT DEPARTMENT OF DEFENSE LICENSE FOR REAL PROPERTY USE 1. LICENSE. Pursuant to the authority contained in 10 U.S.C. §2661, this LICENSE, is made and entered into between Eagle County, Colorado as the owner of the Eagle County Regional Airport, through its authorized agent, Jeff Shroll, hereinafter called the Licensor, whose address is: 217 Eldon Wilson Road, Gypsum, CO 81637 and THE UNITED STATES OF AMERICA, hereinafter called the Government. The Licensor and the Government may be referred to jointly as the “Parties,” and each separately as a “Party.” The Parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 2. REVOCABLE LICENSE. The Licensor hereby grants a revocable license to enter into and upon the lands and premises hereinafter described in the attached EXHIBIT “A”, in order to conduct realistic military training. The Licensor agrees to make their best effort to provide the Government forty eight (48) hours’ notice of revocation. 3. TERM. This license shall be for a term beginning May 1, 2019 ending May 1, 2020. No later than 24 hours prior to entry and actual use of the property, the land owner will be provided written or verbal confirmation of the training event and intent to use the property. 4. COMPENSATION. Licensor provides this license to the Government at no cost. Licensor Initial _______ 5. SCOPE OF TRAINING ACTIVITIES. The realistic military training event may include, but is not limited to the following: Military freefall parachute training. The specific training activities that will be conducted pursuant to this License agreement will be discussed and agreed to between Licensor and the Government during the walkthrough, described in paragraph 6, below. 6. JOINT SURVEY AND INSPECTION. Prior to the Government’s use of the premises under this license, representatives of the Government and Licensor will conduct a joint survey and inspection of the premises to observe the general condition of the buildings or facilities and to discuss any 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 joint survey and inspection. Should Licensor elect not to participate in the inspection, the Government will attach the memorandum to this license. Subsequent to the training event, representatives of the Government and Licensor will conduct a second inspection to discuss cleanup and repair issues, if any. The Joint Survey and Inspection report will be made a part of the License and attached hereto as EXHIBIT “B”. DocuSign Envelope ID: 680F8FBB-07C4-493F-9E2C-3D2068728693 RMT-NAV-19-VAIL-006 INITIALS: _________ & _________ LICENSOR GOVERNMENT 7. LIABILITY. a. Government Liability to Licensor or Third Parties. The Government is responsible, under the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680, or the Military Claims Act (MCA), 10 U.S.C. § 2733, as appropriate, to the Licensor and any third parties for any injury to persons or damage to property proximately caused by the wrongful or negligent acts or omissions of Government employees acting within the scope of their employment under circumstances where the United states, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. 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 exercise that are not repaired or compensated for adequately by the Government using other means. The FTCA provides a means of recovery for wrongful or negligent acts by Government personnel. The MCA provides a means of recovery for damages or injuries 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. b. Licensor Liability to the Government. Government representatives will inspect and evaluate the suitability and safety of the property for the proposed training purposes. The Government acknowledges that the premises may contain hazardous conditions. The Licensor shall not be responsible or liable for injuries to Government personnel or damage to government property when such injuries or damage are caused by or result from the Government’s use of the property and are not due to the negligence of the Licensor. 8. DAMAGES. The Government agrees to return the property to the Licensor in substantially the same condition it was in prior to the training event, unless otherwise agreed upon. If any action of the Government's employees or agents in the exercise of this License results in damage to the real property, the Government will, at its option, either repair such damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee interest of the real property at the time immediately preceding such damage. The government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. Licensor agrees to notify the Government of any damage to the premises resulting from the Government’s use under this License Agreement, beyond that discussed by the parties, within five (5) days of the expiration of the period outlined in paragraph 3, above. Notification for damages under this license agreement should be directed to the following: a. Local Government POC as listed in the Joint Survey and Inspection Report. b. US Army Corps of Engineers, Baltimore District; Real Property Services Field Office ATTN: Chief, Realty Services Branch; P.O. Box 548, Annapolis Junction, MD 2070. c. In accordance with the FTCA or MCA as indicated in 7a. above, if required. DocuSign Envelope ID: 680F8FBB-07C4-493F-9E2C-3D2068728693 3 RMT-NAV-19-VAIL-006 INITIALS: _________ & _________ LICENSOR GOVERNMENT 9. SECURITY. Licensor agrees not to enter or grant permission to others to enter onto the area of the premises to be used for training, during the period of training following the notification by the Government, in accordance with paragraph 3 above, 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 training area at any time to provide notice of revocation of this license. 10. FACSIMILE. The parties agree that a facsimile of this license bearing the signatures of the parties’ representatives is valid for all purposes. 11. NOTICES. Any notice of modification of the terms of this license shall be in writing signed by a duly authorized representative of the party giving such notice. Notices by the Government shall be addressed to the Licensor as follows: ATTN: Andy Solvig Operations Manager, Eagle County Regional Airport 217 Eldon Wilson Road Gypsum , CO 81637 Notices by the Licensor shall be addressed to the Government as follows: U.S. Army Corps of Engineers ATTN: Realty Services Branch PO Box 548 Annapolis Junction, MD 20701. or by email to: michael.j.callahan@usace.army.mil Any notice under the terms of this License may be given by "Certified Mail Return Receipt Requested" or any other appropriate method, to include official email, and delivery or attempted delivery shall be deemed notice under the terms of this License. Notices shall be effective the date of receipt. 12. CONSENT TO ELECTRONIC SIGNATURES. Pursuant to the Uniform Electronic Transactions Act and the federal E-SIGN Act, each of the undersigned (“Signatory”) agrees that any and all signatures required on this License herein may be in electronic form (“Electronic Signature”). Any Electronic Signature submitted shall constitute a representation by the Signatory that (i) his/her signature is authentic, (ii) the Signatory has the authority to execute such record, and (iii) the Electronic Signature is binding on the Signatory. DocuSign Envelope ID: 680F8FBB-07C4-493F-9E2C-3D2068728693 RMT-NAV-19-VAIL-006 INITIALS: _________ & _________ LICENSOR GOVERNMENT THIS LICENSE IS NOT SUBJECT TO 10 USC § 2662 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date written below. LICENSOR LICENSEE Eagle County, Colorado THE UNITED STATES OF AMERICA BY: ____________________________ BY: ____________________________ Name: Jeff Shroll Michael J. Callahan Title: County Manager Real Estate Contracting Officer Date: Realty Specialist Date: DocuSign Envelope ID: 680F8FBB-07C4-493F-9E2C-3D2068728693 6/3/2019 5 RMT-NAV-19-VAIL-006 INITIALS: _________ & _________ LICENSOR GOVERNMENT DocuSign Envelope ID: 680F8FBB-07C4-493F-9E2C-3D2068728693