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<br /> Project without intierl'erence or llindrance, and agrees to permit. the agents and
<br />I employees of the Government, and all persons authonized by the Administrator,
<br /> to enter upon, and use and occupy the Ai~port as the Administrator may deem n.
<br /> necessary or desirable in connection with the conduct Of the Project. ~~.~
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<br /> (b) The City agrees to indemnify and save harmless the Government
<br /> again'st and from any and all claims arid damages which may arise from or in
<br /> connection with the' carrying out' of the Project, excepting claims for materials
<br /> furnished or work performed pursuant to authority given by officers, employees,
<br /> or agents of the Government.
<br />I ( c) It is understood and agreed that all improvements made under the
<br /> Project shall be the sole and absolute property of the City, except where
<br /> specifically agreed otherwise, in writing, prior to the undertaking of the
<br /> improvement or installation in.question.
<br /> (d) The City agrees that, continuously during the term of this agree-
<br /> ment, the Airport will be operated as such, and for no other purpose, and that
<br /> unless utilized exclusively. for military purposes, it will at all times be
<br /> ope~ated for the use and benefit of the public, on reasonable' terms and without
<br /> unjust discrimination, and without grant or exercise of any exclusive right ~or
<br /> use of the Airport within the meaning of Section 303 of the Civil Aeronautics
<br /> Act of 1938.
<br /> (e) The City agrees that it will at all times during the term of this
<br /> agreement maintain in good and serviceable condition and repair the entire
<br /> landing area of the Airport and all improvements, facilities, and equipment
<br /> which have been or may be made, constructed, or installed with Federal aid,
<br /> including all improvements made under the Project, other than facilities and
<br /> equipment owned by the Government.
<br /> (f) Insofar as is within its powers and reasonable possible, the City
<br /> will prevent any use of land either within or outside the boundaries of the
<br /> Airport, including the construction,' erection, alteration, or gr~lth, of any
<br />I structure or other object thereon, which would be a hazard to the landing,
<br /> taking-off, or maneuvering of aircraft at the Airport, or otherwise limit its
<br /> usefulness as an Airport.
<br /> ( g) In order to protect the rights and interests of the ~overnment
<br /> under t'his resolution, the City agrees that it will not enter into any trans-
<br /> action which would operate to deprive it of any of the rights and powers necessary
<br /> to perform apy or all of the covenants made herein, unless by such transactiQn
<br /> the obligation to perform all such covenants is assumed by another public agency.
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<br /> Section 2. That the City does hereby warrant and represent to the
<br /> Government as follows:
<br /> (a) That the City has title in fee simple to all the lands comprising
<br /> the landing a'rea of the Airport and to all lands to be improved under the Project,
<br /> which lands are shown on the sketch attached hereto as part of Exhibit A, and
<br /> that said lands are held free from any lien or encumbrance;
<br /> (b) That the City has the power and authority to adopt this resolution
<br /> and to perform all of the covenants contained therein;
<br /> ( c) That the City is financially and practically able to perform all
<br /> of the covenants contained in this resolution;
<br /> (d) That there is no. pending or threatened litigation or other legal
<br />I proceeding, and no material and relevant fact, which might adversely affect the
<br /> prosecution of the Project, the, operation of the Airport, or the performance
<br /> of any of the covenants contained in this resolution, which has not been: brQught:
<br /> to the attention of the Administrator;
<br /> (e) That the Common Council of the City has complied with all requi~e- . ,
<br /> ments of law in adopting this resolution.
<br /> (f) That such of the above representations and warranties as involve
<br /> qUestions of law are made upon the advice of the City Attorney of the City, ,
<br />I whose certificate as to such matters has been previously delivered to the Common
<br /> Council and is annexed hereto and made a part hereof, as Exhibit A.
<br /> Section 3. That the City Attorney and City Recorder be and they are
<br /> authorized to furnish the AdmiIiistrator such legal and factual information
<br /> relative to the Airport, the Project, and this resolution as he may reasonably
<br /> request.
<br /> Section 4. That sections 1 and 2 of this resoibution shall become
<br /> effective upon the award of any c.onstruction contract for anypor.tioh of t.he
<br /> Project or the inauguration of any portion of the P~oject under force accbunt,
<br /> and shall continue in full force and effect during the useful life of the
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