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R16-112 2 RESOLUTION NO. R16- 112 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDMENT TO A SITE USE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WEATHERFLOW, INC., FOR THE WEATHER MONITOR STATION AT OYER PARK; 1 AUTHORIZING THE CITY MANAGER AND CITY 1 CLERK TO EXECUTE SAID AGREEMENT; AND 1 PROVIDING AN EFFECTIVE DATE. 1 s 1 4 1 WHEREAS, WeatherFlow installs and maintains real time meteorological data 1 gathering towers along the east coast of the United States; and 1 WHEREAS, in January, 2008, via Resolution R08 -005, the City Commission 1: approved WeatherFlow to install a tower at Oyer Park and to provide information to the City 1° of Boynton Beach at no cost to the City which will be very valuable in the event of a 20 hurricane; and 2 WHEREAS, the term of that Agreement has expired and WeatherFlow would like to 22 amend the term of the Site Use Agreement to be until December 31, 2017, and thereafter 2 I automatically renew annually unless terminated by either party; and 1 2 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 2 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into 2 the Amendment to Site Use Agreement with WeatherFlow, Inc. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2' Section 1. Each Whereas clause set forth above is true and correct and 31 incorporated herein by this reference. C:\ Users\ StanzioneT \AppData\Local\Microsoft\Windows \Temporary Internet Files\ Content .IE5 \52FYTEOE \WcatherFlow_S ite _Use_Agmt_Amendment_- _Reso.doc 3 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 3 approves and authorizes the City Manager to sign the Amendment to Site Use Agreement 3 between the City of Boynton Beach and WeatherFlow, Inc., for the weather pole at Oyer 34 Park, a copy of said Amendment to Site Agreement is attached hereto as Exhibit "A ". 3 • Section 3. That this Resolution shall become effective immediately upon passage. 3: PASSED AND ADOPTED this s 4A day of _gf • , 2016. 3 3 I CITY OF BOYNTON BEACH, FLORIDA 3 4 YES NO 4 4 Mayor — Steven B. Grant 4 4 Vice Mayor — Mack McCray 4 4 Commissioner — Justin Katz v 4 4 1 Commissioner — Christina L. Romelus 6/ 4 5 I Commissioner — Joe Casello 5 5 5 VOTE 5 54 5 ' ATTEST: 5: 57 a �, i r 5 5 Jud' 'fA. Pyle, CMC / 6 Intl im City Clerk 6 6 A , 3 'q', , 61 (Corporate Seal) ; .,.` ; p, ; 6 y . ' .r� /y ' fi e.:.,,, ' „jp.w © ` C:\ Users\ StanzioneT \AppData\Local\Microsoft\Windows \Temporary Internet Files \ContentlE5 \52FYTEOE\W eatherFlow_S ite_Use_Agmt_Amendment_- _Reno. doc AMENDMENT TO SITE USE AGREEMENT This Amendment to Site Use Agreement (the "Amendment ") by and between the City of Boynton Beach ( "Host ") and WeatherFlow, Inc., a California corporation ( "WeatherFlow ") (together the "Parties ") is dated as of September 8, 2016 and effective as of September 8, 2016 (the "Effective Date "). WHEREAS, the Parties entered into a Site Use Agreement dated December 4, 2007 (the "Site Use Agreement "). WHEREAS, the Parties desire to continue their relationship and amend the Site Use Agreement, as set forth below. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Amendments to the Site Use Agreement. The Site Use Agreement is hereby amended as follows: (a) Section 2. (TERM) is hereby amended in its entirety to read as follows: "The amended term of this Agreement shall commence as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by Host or WeatherFlow. Either party may, in its discretion, terminate this Agreement as of the 1st of January of any year by giving the other party written 90 • day notice of such termination." 2. Limited Effect. Except as expressly provided hereby, all of the terms and provisions of the Site Use Agreement are and shall remain in full force and effect and are hereby ratified and confirmed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set forth in the first paragraph hereof. WEATHERFLOW INC. By: Name: Matt Corey Title: Chief Meteorologist/Project Manager CITY OF BOYNTON BEACH By: Name: Title: i . WeatherFlow, Inc. 108 Whispering Pines, Suite 245, Scotts Valley, CA 95066 ph 800 - 946 -3225 fx 831 - 438 -3561 www.WeatherFlow.com US 4510240v.1 • Spiral Engineering Services, Inc., Project: "weatherfowl0m.FINL" PLS -POLE Version 8.22, January 15, 2008 e X Y aP 4 ,4 " jt ` 0 M.� p UNITED STATES DEPARTMENT OF COMMERCE M National Oceanic and Atmospheric Administration :5-:7 NATIONAL WEATHER SERVICE y National Hurricane Center °rnrrs o,''' 11691 SW 17 Street Miami, FL 33165 -2149 March 25, 2016 Dear City of Boynton Beach, The staff at the National Hurricane Center (NHC) strives to provide the best forecasts during periods of extreme weather conditions. During these events, infrastructure is often weakened as important sources of information such as ship and surface observing equipment becomes damaged or fail to report. In fact, even in benign weather conditions, there is an under - sampling of weather phenomena along our coasts; the very areas where weather is often at its greatest variability. An integral component to successful operations at NHC involves the successful collection of accurate, representative, and reliable weather observations during the landfall of tropical storms and hurricanes. A partnership between the National Weather Service and WeatherFlow continues to improve this critical need. Data sharing between the groups is allowing the NHC to receive highly useful data to augment existing surface operations. The advantages of this network involve hardened techniques that have reduced the odds of losing data during extreme conditions, while capturing clean, unobstructed wind observations near the shoreline, the area prone to experiencing the most extreme conditions of a landfalling storm. The NHC extends a "Thank You" for contributing to the continued success of the WeatherFlow Hurricane Network by allowing a weather station on your property. This gesture displays civic responsibility that contributes to the overall well -being of your community. Weather data collected from your location is providing a useful data stream near the land /sea interface, critical to many aspects of the NHC's operation. These data contribute to more accurate forecasts, more timely and informative bulletins, and serve as an important data set for use in verification studies. Both your efforts and those of WeatherFlow are helping to build a Weather -Ready Nation. It is our hope that we can continue to rely on this useful data into the future. Sincerely, Rick Knabb, Director National Hurricane Center