Loading...
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: