09/11/1942 Meeting - Laserfiche WebLink

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~ 4,0 -- _" ::. -2:...~~=--2_~~~~ ~-.:.-. _;..._ ~~.:::.-_>_~._':_~-=___,.......o.-_.~_:=-';-:----,:~-:'~' _~~_'-=-:::~_~~-=-:'_-~-~~ -~_...; __ _' _~~~-:=..:~:-_-:-:---=- -7'-..;:.. -...;.......-.z~~__- _-__:..:E.-.:.~~_=:::.=__=~:;:_==_-.:....:._~_:.:..::.;...~ _~ --=--:::.:.: --.:--=~_ :~- ~___ : ~-~'l---~~ ~a=:t-;--::=::~-~;;~~l~=~~tio~-~:.-th:-G~~~::::~t~::~i:~ th:~~~;~- ~~;-war.-De~a-;-;~:n:.=-:r-.h.--~~;--- -=-~~==-_. j Navy Department, unless.. thirty days' notice of its intention so to do has been given to the Administrator, or unless the Administrator has waived the I ~ right to such notice. A copy of the proposed instrument in question shall '0 be attached to said notice, which shall state the date upon which the same ."'r',," is to be executed. ( h) The City agrees that, if requested to do so by the War Department or Navy Department, at any time during a national emergency declared by the President, it will lease the landing area of the Airport to the Government for military or naval use, at a nominal rental, for a term of one year, renewa Ie annually at the option of the Government for such period as the Government may designate; Provided, That the lease shall contain an express stipulation that its term shall not exceed the duration of the national emergency and six months thereafter unless an extension thereof is approved by the Admini- strator. Such lease shall also contain a covenant on the part of the Government to permit, by instruments in writing, use of the leased premises by commercial, private, and other non-military aircraft to the extent possible without interfering with military operations, and to bear all of the expense of maintaining and keeping in good repair the leased premises and all im- provements and facilities thereon, other than that proportion of the cost of such maintenance for which the City assumes responsibility under Section 1 (e) hereof. The City further agrees that, during all times that the landing area of the Airport is not held by the Government under lease, the Government shall have the right to use such area in common with others, without charge, to the extent possible without requiring limitation of non-military operations. ( i) The City agrees to provide for the extension of electrical power 14 and light services to the transformers to be located on the airport. Section 2. In order to satisfy the Government that the City is qualified to sponsel' the Project, under the project eligibility requirements of the Civil Aeronautics Administration and to induce the Government to proceed with the Project in accordance with the offer made by the City in Section One hereof, the City does hereby represent and warrant to the Government as ! follows :. I ( a) '1'ha t the City has title in fee simple to all lands comprising the I landing area of the Airport and to all lands to be improved under the Project, I which lands are shown on the sketch attached hereto as a part of Exhibit A, I and that said lands are held free from any lian, lease, eas emen t, or other I encumbrance. ( b) That the City has the power and authority to adopt this resolution t through its Common Council, and to perform all of the covenants contained , herein"? , ( c) That the City is financially and practically able to perfo~n all of the covenants contained in this resolution: I ( d.) That there is no pending or threatened litigation or other legal i proceeding, and no material and relevant fact, which might adversely affect , the prosedution of the Project, the operation of the Airport, or the per- , I , formance of any of the covenants contained in Section 1 hereof, which has ! not been brought to the attention of the Administrator. i ( e) That the Common Council of the City is the proper body to adopt this resolution and has complied with all requirements of law in so doing; (I' ) That such of the above representations and warranties as involve I questions of law are made upon the advice of the City Attorney of the City, I whose certificate as to such matters has previously been delivered to the Common Council and is annexed hereto and made a part hereof, as Exhibit A. I I Section 3. The City Attorney be and he is hereby authorized and directed , to furnish the Administrator copies of all documents representing or evidenc- ing the encumbrances described in Section 2 (a) hereof, together with such legal and factual information relative to the Airport, the Projedt, and this resolution as the Administrator may reasonably request. Section 4. That two certified copies of this resolution be sent forthwith to the Administrator, through the Regional Manager of the Civil Aeronautics Administration. Section 5. That this resolution shall be effective in~ediately. i I I approve of the adoption of the foregoing rESolution I /s/ Elisha Large I Mayor of the City of Eugene " I A lease between the City of Eugene, Oregon, A Municipal Corporation, and the i I United States of America, for the leaseing of the entire municipal Airport, I I together with all facilities and existing installations and the right of ingress ,and egress over all existing roadways and right-of-ways in and for said airport, ~ 15 i and descriged as follows: (See Description on Lease) ~~ I had been prepared and was read at this time. On motion made, seconded, and carrie . :j ; the Ii/.iayor and Recorder were authorized to execute this lease with the government. I Ii) i On the 12th day of February, 1942, the City of Eugehe.had ente~ed into.a . certain contract with the Standard Oil Company of Californla regardlng permlsslon for the Standard Oil Company to install facilities at the new municipal airport. Now at this time the government wishes that the provisions in that contract be I ~'