R26-079 RESOLUTION NO. R26-079
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
2 BOYNTON BEACH, FLORIDA, APPROVING A LICENSE
3 AGREEMENT BETWEEN THE CITY AND THE U.S. DEPARTMENT
4 OF JUSTICE FEDERAL BUREAU OF INVESTIGATION FOR USE OF
5 PROPERTY AT 515 NW 14TH COURT TO INSTALL
6 COMMUNICATION EQUIPMENT; AND FOR ALL OTHER
7 PURPOSES.
8
9 WHEREAS, the City ("Licensor") is the owner of certain real property containing a wireless
10 communications tower(the "Existing Tower") located at 515 NW 14th Court and commonly known
11 as Rolling Green in the City of Boynton Beach, Palm Beach County, Florida (hereinafter referred to
12 as the "Land"); and
13 WHEREAS, Licensor and U.S. Department of Justice Federal Bureau of Investigation
14 ("Licensee") are parties to a License Agreement dated October 1, 1995 (the "Existing Agreement"),
15 concerning the usage of the Premises; and
16 WHEREAS, this Agreement will replace in its entirety the Existing Agreement, and upon
17 execution of this Agreement, the Existing Agreement will no longer be in effect; and
18 WHEREAS, Licensor and Licensee acknowledge the Existing Tower is being replaced by
19 the construction of a new communications Tower ("Tower") on the Land, and Licensee desires to
20 move its equipment from the Existing Tower to the new Tower; and
21 WHEREAS, Licensee desires to use a portion of said Land for its communications system
22 equipment improvements (hereinafter referred to as the "Licensed Premises"); and
23 WHEREAS, the Licensor is willing to permit said use of the Licensed Premises subject to
24 certain conditions; and
25 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
26 best interests of the City's citizens and residents to approve a License Agreement between the
27 City and the U.S. Department of Justice Federal Bureau of Investigation for Use of Property at 515
28 NW 14th Court to Install Communication Equipment.
29
30
31
RESOLUTION NO. R26-079
32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
33 BEACH, FLORIDA, THAT:
34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
35 being true and correct and are hereby made a specific part of this Resolution upon adoption.
36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
37 approve a License Agreement between the City and the U.S. Department of Justice Federal Bureau
38 of Investigation for Use of Property at 515 NW 14th Court to Install Communication Equipment
39 (the "Agreement"), in form and substance similar to that attached as Exhibit A.
40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
42 ancillary documents required under the Agreement or necessary to accomplish the purposes of
43 the Agreement, including any term extensions as provided in the Agreement, provided such
44 documents do not modify the financial terms or material terms.
45 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record
46 of the City. A copy of the fully executed Agreement shall be provided to Gail Mootz to forward
47 to the Licensee.
48 SECTION 5. This Resolution shall take effect in accordance with the law.
49
50 [SIGNATURES ON THE FOLLOWING PAGE]
51
RESOLUTION NO. R26-079
52 PASSED AND ADOPTED this \(31 day of \GL.0-, 2026.
l
53 CITY OF BOYNTON BEACH, FLORIDA
54 YES NO
55 Mayor— Rebecca Shelton
56 CL-V3�e-h�
57 Vice-Mayor—Thomas Turkin -gdr '3QcQ
58
59 Commissioner—Angela Cruz
60
61 Commissioner— Mack McCray ✓
62
63 Commissioner—Aimee Kelley ✓
64 <,
65 VOTE —1 '
66 ATTEST:
67 •
68 4r2entlit•2 (412145
69 Tammy Stanzi 1e, CMC Rebecca Shelton
70 Interim City Clerk Mayor
71
72 .%0'(NT% \‘‘ APPROVED AS TO FORM:
73 (Corporate Seal) pf‹,.-( 6eFiti'..F;414
74 �-: SEAL i,
75i v TED;
INCORpORA
76 i 1920 : / Shawna G. Lamb
77 �� • ••..•••..• City Attorney
‘`". FLORVOP="
FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
LICENSE AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
FOR USE OF PROPERTY TO INSTALL COMMUNICATIONS EQUIPMENT
THIS LICENSE AGREEMENT(the "Agreement"), made and entered into this I2kday of OC Dber2026,
(the"Effective Date"), hereof by and between:
CITY OF BOYNTON BEACH
A Florida municipal corporation
100 East Ocean Avenue
Boynton Beach, FL 33435
(Hereinafter referred to as"City" or"Licensor")
AND
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
(Hereinafter referred to as"Licensee")
WHEREAS, Licensor is the owner of certain real property containing a wireless communications tower(the
"Existing Tower") located at 515 NW 14th Court and commonly known as Rolling Green in the City of Boynton
Beach, Palm Beach County, Florida (hereinafter referred to as the"Land);
WHEREAS, Licensor and Licensee are parties to a License Agreement dated October 1, 1995(the"Existing
Agreement"), concerning the usage of the Premises ; and
WHEREAS, this Agreement will replace in its entirety the Existing Agreement, and upon execution of this
Agreement, the Existing Agreement will no longer be in effect; and
WHEREAS, Licensor and Licensee acknowledge the Existing Tower is being replaced by the construction
of a new communications Tower ("Tower") on the Land, and Licensee desires to move its equipment from the
Existing Tower to the new Tower; and
WHEREAS, Licensee desires to use a portion of said Land for its communications system equipment
improvements (hereinafter referred to as the"Licensed Premises"); and
WHEREAS,the Licensor is willing to permit said use of the Licensed Premises subject to certain conditions;
NOW THEREFORE, IN CONSIDERATION OF the foregoing and other consideration, the receipt and
sufficiency of which are hereby acknowledged, it is mutually agreed between the parties hereto as follows:
Section 1. LICENSE
1.01 Licensor hereby grants a non-exclusive, revocable, and terminable license to Licensee to enter
the Licensed Premises for the purpose of using the Tower for the improvements to Licensee's
communications systems equipment and operations (hereinafter referred to as the
"Improvements") further described in Exhibit "A" hereto. Such Improvements may only be
modified as necessary by the issuance of a written Amendment to the Agreement, signed and
dated by both parties. Said Improvements shall be located so as not to interfere with any of the
Page 1 of 8
FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
Licensor's operations. Licensor grants this license at no cost to Licensee.
Section 2. USE OF LICENSED PREMISES
2.01 Licensee shall be permitted to use the Licensed Premises for the operation of communications
equipment related to law enforcement activities and operations. Licensee shall not be
permitted to use the Licensed Premises for any other purposes except by prior written
permission of Licensor. Licensee shall have the right to make modifications to replace, repair,
or otherwise upgrade its telecommunications equipment installed within the Licensed Premises
with prior written approval, from the Licensor, which shall not be unreasonably withheld,
conditioned, or delayed. Should Licensee request to modify its equipment, Licensor at its sole
discretion may require Licensee to perform, at its sole cost, an updated structural analysis on
tower if necessary. No modifications should be made to Licensee's equipment or the Tower
without prior written notification and approval by Licensor. By execution of this Agreement,
Licensor specifically authorizes Licensee to remove its equipment from the Existing Tower and
relocate it to the new Tower.
Section 3. TERM
3.01 The initial term of this Agreement shall commence upon complete execution of the Agreement
by both parties, and shall continue through September 30, 2026. This Agreement shall
automatically renew for consecutive one-year terms contingent upon funds being approved by
Congress to cover Licensee's costs related to this Agreement from October 1st through
September 30th, or until such time that this Agreement is terminated by either party. Each
extension term shall be on the same terms and conditions provided in this Agreement. Licensor
or Licensee may terminate this Agreement by giving a minimum of three (3) months' written
notice to the other party of its intent to terminate the Agreement.
Section 4. ACCESS
4.01 Licensor shall provide Licensee access to the Licensed Premises at all times for the uses
authorized herein. It is agreed, however, that only authorized engineers, employees, or
properly authorized contractors of the Licensee or City, or persons under their direct
supervision, will be permitted to enter said premises.
Section 5. INSTALLATION, MAINTENANCE, AND REMOVAL
5.01 Licensee acknowledges that it along with other Existing Tower Users currently have public
safety communications equipment installed on the Existing Tower and the equipment will not
be able to be interrupted, shutdown, and/or removed from the Existing Tower until the new
Tower Facility is constructed.Once all public safety equipment is operational on the new Tower,
the Existing Tower will be dismantled and removed. The TENANT and Existing Tower Users
shall each be responsible for moving their equipment from the Existing Tower to the new Tower
Facility once the new Tower has been completed. Work schedule for installing onto the new
Tower shall be coordinated with CITY
5.02 The costs associated with the relocation, installation, maintenance, and operation of the
Improvements shall be at the sole expense of Licensee. Licensee shall install and maintain all
radio/electronic type equipment including associated cables, wiring, and antenna systems,
in a clean, neat, and orderly manner and conform to the current National Electrical Safety
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FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
Code and FCC regulations. Work schedule for installing Improvements onto the new
Tower shall be coordinated with City. Any and all damages to the Tower caused by
Licensee shall be repaired by Licensee at its sole cost and expense. Licensee shall
immediately commence to repair said damage and shall thereafter diligently prosecute
said repairs to completion.
5.03 Upon the expiration or earlier termination of this Agreement, Licensee shall, within ninety (90)
days, remove any and all Improvements and restore the Licensed Premises to its original
condition, reasonable wear and tear, and acts beyond Licensee's control excepted. Any and
all Licensee personal property and fixtures that Licensee fails to remove from the Licensed
Premises may be handled, removed, or stored by Licensor at the sole risk, cost, and expense
of Licensee, and Licensor shall in no event be responsible for the value, preservation, or
safekeeping thereof. Licensee shall pay to Licensor, upon demand, any and all expenses
incurred in such removal and all storage charges against such personal property or fixtures.
Any personal property or fixtures of Licensee not removed from the Licensed Premises or
retaken from storage by Licensee within thirty (30) days after the end of the term or of
termination of this Agreement, however terminated,shall be conclusively deemed to have been
forever abandoned by Licensee and may either be retained by Licensor as its property or may
be disposed of in such manner as Licensor may see fit in its sole discretion.
Section 6. INDEMNIFICATION
6.01 Licensee herein indemnifies the Licensor from claims and/or liability arising from the acts,
omissions, or negligence of Licensee, it's agents, officers, employees, or permittees: (1) in the
installation, operation, or maintenance of the Improvements installed at the Licenses Premises
or (2) failure of the Licensee to observe and abide by any of the terms or conditions of this
Agreement or any applicable law, ordinance, rule or regulation insofar as such liability is
recognizable under the Federal Tort Claims Act and Federal Law. Pursuant to the terms and
conditions of the Federal Tort Claims Act (Title 28 U.S.C., Sections 1346(b), 2671-2680),
Licensee has financial responsibility for claims for personal or property damage, including
death, arising out of the acts, omissions,or negligence of the Licensee, or its employees acting
within the scope of their employment in relation to this Agreement. Claims for tort damages
shall be submitted and adjudicated in accordance with the procedures of the federal Tort
Claims Act and applicable law. Additionally, in the event a Licensee employee conducting
official business related to its activities under this Agreement is injured, the Licensee agrees to
process and forward claims for employee workers compensation to the United States
Department of Labor(USDOL) pursuant to the Federal Employees Compensation Act(Title 5,
U.S.C., Section 8108, et. Seq.) and pertinent regulations promulgated by the USDOL. The
parties will cooperate to ensure that all claims subject to these authorities are promptly
addressed and resolved. Except as otherwise provided in this Agreement, neither party shall
be liable to the other for any claim that either may have against the other with respect to the
recovery of any incidental, consequential, indirect, special, punitive, or exemplary damages.
Section 7. INSURANCE
7.01 Licensee, an agency of the United States Government, is self-insured and shall not be required
to obtain insurance under this Agreement. Licensee shall, on request via email, provide
Licensor, documentation of Licensee's self-insurance and claim policies.
Page 3 of 8
FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
Section 8. INTERFERENCE
8.01 In the event the Licensor determines that the operation of the Improvements by Licensee is the
cause of interference to transmission and/or reception of any other communications systems
in use in the vicinity of the Licensed Premises, Licensee shall take all appropriate steps
necessary to mitigate and eliminate said interference within forty-eight(48) hours of receiving
written notice.
Section 9. PERMIT
9.01 Licensee is responsible for obtaining and paying the costs of all permits, licenses or other
approvals by any regulatory body having jurisdiction over the uses authorized herein.
Section 10. COMPLIANCE
10.01 Licensee shall comply with all statutes, laws, ordinances, rules, regulations, and lawful orders
of the United States of America, State of Florida, Palm Beach County, City of Boynton Beach,
and of any other public authority, which may apply to this Agreement. Should Licensee fail or
neglect to comply with any term or condition of this Agreement or to comply with any reasonable
requirement of Licensor after thirty (30) days written notice and demand, this Agreement shall
be subject to termination. In the event of such termination, Licensee shall immediately remove
any and all of its Improvements from the Licensed Premises and surrender all rights and
privileges under this Agreement.
Section 11. NOTICES
11.01 All notices or other communications required by this Agreement shall be in writing and deemed
delivered upon mailing by registered or certified mail, return receipt requested, hand-delivery,
overnight courier, facsimile, or email to the persons/addresses as shown below. Each such
notice shall be deemed delivered on the date delivered if by hand-delivery or overnight courier;
on the date upon which the return receipt is signed or delivery is refused or the notice is
designated by the postal authorities as not deliverable, as the case may be, if mailed; and on
the date of transmission with confirmed answer back if by facsimile or email.
As to CITY:
City Manager With copy to:
City of Boynton Beach Real Estate Manager
100 East Ocean Avenue City of Boynton Beach
Boynton Beach, FL 33435 100 East Ocean Avenue
Boynton Beach, FL 33435
celltoweradmin@BBFL.US
City's Tower Manager:
CityScape Consultants, Inc.
2423 S Orange Ave, #317
Orlando, FL 32806
Leasing@CityScapeGov.com
AS TO LICENSEE:
U.S. Department of Justice With copy to:
U.S. Department of Justice
Email: sross@fbi.gov
Page 4 of 8
FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
Section 12. GOVERNMENT FREQUENCIES
12.01 All Federal Government frequencies are authorized by the Department of Commerce (DOC)
and are exempt from disclosure under the Freedom of Information Act, Title 5, USC, Section
552(b) (2), (b) (4), and (b) (7). Frequencies cannot be posted at communications sites. Copies
of DOC frequency authorizations can be provided to Licensor upon request.
Section 13. CONFLICT AND DISPUTES
13.01 In the event of conflict between this Agreement and the terms and conditions set forth in any
request for proposal issued, the terms of this Agreement shall control. Disputes under this
Agreement shall be resolved in accordance with the FAR 52.233-1, 41 USC 601-613 Disputes
and Appeals.The exclusive venue for any lawsuit arising from, related to, or in connection with
this Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm Beach
County, Florida. If any claim arising from, related to, or in connection with this Agreement must
be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of Florida.
Section 14. ENTIRE AGREEMENT
14.01 This Agreement contains the entire understanding of the parties relating to the subject matter
hereof superseding all prior communications between the parties,whether oral or written. This
Agreement may not be altered, amended, modified, or otherwise changed nor may anyof the
terms hereof be waived, except by a written instrument executed by both parties. The failure
of a party to seek redress for violation of or to insist on strict performance of any of thecovenants
of this Agreement shall not be construed as a waiver or relinquishment for the future of any
covenant, term, condition, or election, but the same shall continue and remainin full force and
effect.
Section 15. WARRANTY
15.01 Each of the parties executing this Agreement on behalf of the Licensee and Licensor represents
and warrants that such party (i) is a duly authorized representative, (ii) has full right and
authority to enter into this Agreement, and (iii) that any person signing on behalf of such party
is authorized to do so. Upon either party's request, the other party shall provide evidence
reasonably satisfactory to the requesting party confirming the foregoing warranties. This
Agreement and attachments contain the entire agreement between the parties regarding the
Tower and the property for the Licensee's operations.This Agreement shall extend to and bind
the heirs, executors, administrators, successors, and assignees of the parties hereto.
Section 16. MISCELLANEOUS TERMS
16.01 Prohibited Telecommunications Equipment. Licensee represents and certifies that Licensee
and all subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are used in
48 CFR§§52.204-24 through 52.204-26. Licensee represents and certifies that Licensee and
all subcontractors shall not provide or use such covered telecommunications equipment,
system, or services during the term of this Agreement.
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FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No.#MM-145
16.02 Regulatory Capacity. Notwithstanding the fact that Licensor is a municipal corporation with
certain regulatory authority, Licensor's performance under this Agreement is as a party to this
Agreement and not in its regulatory capacity. If Licensor exercises its regulatory authority, the
exercise of such authority and the enforcement of applicable law shall have occurred pursuant
to Licensor's regulatory authority as a governmental body separate and apart from this
Agreement, and shall not be attributable in any manner to Licensor as a party to this
Agreement.
16.03 Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by
entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign
immunity by Licensor nor shall anything included herein be construed as consent by Licensor
to be sued by third parties in any matter arising out of this Agreement. Licensor is a subdivision
as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or
wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes.
16.04 Assignment. This Agreement nor any right or interest in it may be assigned, transferred,
subcontracted, or encumbered by Licensee without the prior written consent of Licensor. Any
assignment,transfer, encumbrance, or subcontract in violation of this section shall be void and
ineffective,constitute a breach of this Agreement,and permit Licensor to immediately terminate
this Agreement, in addition to any other remedies available to Licensor at law or in equity
[SIGNATURES TO FOLLOW]
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FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No. #MM-145
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first above written.
LICENSOR LICENSEE
CITY F BOYNTON BEACH U.S. DEPARTMENT OF JUSTICE
FEDERAL BURE
Print Name: Itekittco, $I.c-Ltan Print Name: IV.;� S �tr ,,t(-k )
�.i
Title: Mayor Print Title: 4-44.v '41 0' f""-'
Date Signed: 5/15 f o� k Date Signed: 2 12C �, ,
' < U
ATTEST: ATTEST:
• 'h.•, Wt..1Ir ,a //.
• vri . anzione
Print Name: Print Name:
City Clerk
Approve s to form:
I
Print Name: (560,40f bFrie
City Attorney
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FBI Division: Miami
Site Name: Rolling Green
FBI Licensee Site No. #MM-145
EXHIBIT A
FBI Antenna Site Equipment Itemization (ASEi)
(Attached)
Page 8 of 8
RSDU Form 10/2018
Antenna Site Equipment Itemization (ASEI)
Site Details
FBI Site Number FBI Site Name Licensor Site Name/Number Latitude Longitude
MM-145 BOYNTON BEACH BOYNTON BEACH/MM-145 26:32:29.00N 80:04:17.00W
Address Tower Details
551 NW 14TH COURT Type: Tower(self-supporting)
BOYTON BEACH FL 33435 Height: 325.0
AMSL: 21.0
PALM BEACH
Last Updated:2023-09-27 14:15:20
Licensor
Organization POC Name Email Phone
CITY OF BOYNTON BEACH Gail Mootz MootzG@bbfl.us 561-742-6223
Provide description of all startup fees:
Licensor:Provide Monthly Recurring Cost(MRC)itemized for each equipment group listed below.
Equipment Details
* Type Make/Model Number I Equipment Specifics
Group 1 **MRC:
LE Radio RECEIVER/MOTOROLA/GPW 8000
Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:163.83750
BW:N Chan:WEST PALM
FW Rev:
LE Radio RECEIVER/MOTOROLA/GPW 8000 Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:162.76250
BW:N Chan:WEST PALM VOTED
1
FW Rev:
LE Radio RECEIVER/MOTOROLA/GPW 8000
Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:164.98750
BW:N Chan:WP TAC
FW Rev:
LE Radio RECEIVER/MOTOROLA/GPW 8000 Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:162.22500
BW:N Chan:DEA
FW Rev:
LE Radio RECEIVER/MOTOROLA/GPW 8000 Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:164.50000
BW:N Chan:DEA 2
FW Rev:
RSDU Form 10/2018
LE Radio RECEIVER/MOTOROLA/GPW 8000 Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:164.70000
BW:N Chan:DEA 3
FW Rev:
LE Radio RECEIVER/MOTOROLA/GPW 8000
Type:RECEIVER TX:0.00000
TX Pwr:0.0000 RX:163.37500
BW:N Chan:ATF/USMS
FW Rev:
LE Antenna RECEIVER/ANDREW/DB-224-C/36536 Type:Dipole AZI:360
Size:21.3 FL Size:0.875
Mount:SIDE FL Len:350
AGL:300 Gain:6.00
INote:Total Monthly Recurring Cost(unless otherwise stated)is inclusive of electric/shelter charges: