R95-138RESOLUTION NO. R95-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
U.S. DEPARTMENT OF JUSTICE, FEDERAL
BUREAU OF INVESTIGATION, PROVIDING FOR
PLACEMENT OF AN ANTENNA ON THE CITY-
CELLULAR ONE TOWER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, upon recommendation of staff, deems it to be in the
best interests of the citizens and residents of the City to
enter into a License Agreement with the U.S. Department of
Justice, Federal Bureau of Investigation, allowing for the
placement of an antenna on the City-Cellular One Tower;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT=
~ The City Commission of the City of Boynton
Beach, Florida, hereby authorizes and directs the Mayor and
City Clerk to execute a License Agreement between the City of
Boynton Beach and the U.S. Department of Justice, Federal
Bureau of Investigation, allowing for the placement of an
antenna on the City-Cellular One Tower, a copy of said
agreement being attached hereto as Exhibit "A".
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this ,~ day of September, 1995.
ATTEST:
CiSy Clerk
Mayor c-~ J
V'ce Mayor
~lM.ayor Pr~ Tem
~~C !i~si~nerr
(Corporate Seal)
Authsig.doc .
FBI.License Agr.
TowerRec
8/31/95
U.S. Department of Justice
Federal Bureau of Investigation
In Reply, Please Refer
File No.
LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this 1st
day of October, 1995
by and between
CITY OF BOYNTON BEACH
a municipal corporation
and
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
hereinafter referred to as
"Licensee"
WHEREAS, Licensee desires to use a portion of said Licensee
Premises for it's communications system equipment improvements; and
WHEREAS' Licensor is willing to permit said use of the
Licensed Premises subject of certain conditions.
NOW, THEREFOR, in consideration of the execution of this
License Agreement, it is mutually agreed between the parties hereto as
follows:
1. License
Licensor hereby gives permission, revocable and terminable
as hereinafter provided, to Licensee to enter the Licensed Premises
for the purpose of using it for the improvements to it's
communications systems equipment and operations (hereinafter refereed
to as the "Improvements"). Said Improvements shall be located as to
not interfere with-any of the Licensor's operations.
2. Use of Licensed Premises
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.
3. Term
Licensee will renew this Agreement each year contingent upon
funds being approved by Congress to cover this Agreement from October
1st thru September 30th or until this Agreement is terminated.
Licensor or Licensee may terminate this Agreement by giving three (3)
months written notice to the other party of its termination.
4. Access
Licensor shall provide Licensee access to the Licenses
Premises at all times for the uses authorized herein.
5. Maintenance
The costs of any maintenance and operation of the
Improvements shall be at the sole expense of Licensee.
6. Indemnification
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 permitees: (1) in the operation
of the herein Licenses Premises or (2) failure of the Licensee to
observe and abide by any of the terms or conditions of this Licensed
Agreement or any applicable law, ordinance, rule, or regulation
insofar as suCh liability is recognizable under the Federal Tort
Claims Act and Federal Law.
7. Insurance
Licensee, an agency of the United States Government, is
self-insured and shall be considered so in this lease. Licensee
shall, on request, provide Licensor documentation of Licensee's self
insurance an claim policies.
8. Interference
In the event the Licensor determines that the operation of
the Improvement by Licensee caused interference to transmission and/or
reception of any other communications systems in use in the vicinity
of the Licenses Premises, Licensee shall take all appropriate steps
necessary to eliminate said interference within thirty (30) days of
receiving written notice.
9. Permit
5icensee 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. Licensor places
a value of $7,000 on this agreement due to the equipment placed
onlicensor communications tower, extent of use, and benefit derived
therefrom by licensee. And the licensor is not receiving any monetary
compensation as a result of and entering into this license agreement
with the licensor.
10. Compl.iance
Should Licensee fail or neglect to comply with any term or
condition of this License and rental agreement or to comply with any
reasonable requirement of Licensor after thirty (30) days written
notice and demand, this Licenses and rental agreement shall be subject
to termination. In the event of such termination, Licensee shall
immediately remove any and all of it's Improvements from the Licenses
Premises and surrender all rights and privileges under this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
LICENSEE:
U.S. DEPARTMENT OF JUSTICE
FEDERAL BUREAU OF INVESTIGATION
By:
ATTEST:
AP~OVE~O FORM:
By: ~-/F/F~ ~
ATTEST:
U.S. Department of Justice
Federal Bureau of Investigation
In Reply, Please Refer to
File No.
ADDENDUM TO LICENSE AGREEMENT
SITE NAME:
Boyton Beach City Tower
SITE LOCATION:
LATITUDE:
LONGITUDE:
Boyton Beach, Florida
ANTENNAS:
6 dB VHF Omni (dB-224)
EQUIPMENT:
VHF monitor receiver
TOTAL NUMBER OF FLOOR SPACES:
TOTAL LAND AREA (IF APPLICABLE):
LICENSOR:
BY:
TITLE: