LICENSE AGREEMENT BETWEEN THE NATIONAL OCEAN SERVICE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND THE CITY OF CLEARWATER REGARDING TIDE STATION
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LICENSE AGREEMENT
BETWEEN THE
NATIONAL OCEAN SERVICE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
AND THE
CITY OF CLEARWATER
This License Agreement is entered into by the National Ocean Service (NOS),
National Oceanic and Atmospheric Administration (LICENSEE), and the City of Clearwater,
Florida (LICENSOR). The purpose of this Agreement is to allow LICENSEE the right of
access to and occupancy and use of certain real property owned by the LICENSOR, for the
purpose of operating and maintaining a permanent tide station. The property affected is a
small area of the T-end of Big Pier 60 needed to locate a 5x4x2.5-foot (HWD) stainless steel
NEMA 3R enclosure to house instrumentation, and a pier piling to support a 6-inch diameter
PVC protective well (referred to below as "the premises").
By their signatures below, the authorized representatives of the LICENSEE and the
LICENSOR agree to the following terms and conditions:
1. Employees or agents of LICENSEE shall have the right of access to, and
occupancy and use of the premises, with the understanding that access to the premises will be
required periodically during the year by maintenance personnel, and occasionally by a survey
team (especially after storm events).
2. By virtue of the right of access to, and occupancy and use of, the premises,
LICENSEE shall be entitled to operate and maintain the gauge shelter, instrumentation,
stilling wells, telephone service (provided by LICENSEE), and electrical service (provided by
LICENSOR) on the premises.
3. LICENSEE shall be authorized to install, operate, and maintain new or additional
instrumentation, including a meteorological tower or mast upon written consent of the city.
4. LICENSEE shall install, at its expense, an electronic sign display for public
viewing inside the Big Pier 60 bait house.
5. This Agreement shall not be construed to require the LICENSOR to furnish to
LICENSEE any more than electrical service, and access to, and occupancy and use of the
premises.
6. On termination of this Agreement, LICENSEE shall remove any instruments or
hardware it has placed on the premises, and restore the premises to the condition in which
they existed before LICENSEE first occupied them, reasonable wear and tear and "acts of
God" excepted; provided further that the LICENSOR may require after termination of this
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God" excepted; provided further that the LICENSOR may require after termination of this
Agreement that UCENSEE remove any or all of the improvements LICENSEE has
constructed on the premises. Any costs for removal and restoration pursuant to this paragraph
shall be borne by UCENSEE.
7. LICENSEE agrees to be responsible for the negligent acts of its. employees,
representatives, or contractors, as required by applicable federallaw, in the conduct of its
occupancy of LICENSOR's premises and operation of a tide station thereon consistent with
its control of such premises. To this end, UCENSEE agrees to promptly consider and
adjudicate any and all claims which may arise out of use of LICENSOR's premises by
LICENSEE or duly authorized representatives or contractors of LICENSEE and to pay for
any damage or injury as required by federal law. Such adjudication will be made pursuant to
the Federal Tort Claims Act, 28 U.S.C. 2671 et sea. or such other legal authority as may be
pertinent~ LICENSEE also agrees to consider and adjudicate any claims for damage or injury
sustained by LICENSEE personnel in the performance of their official duties. Such
adjudication will be made pursuant to the Federal Employees Compensation Act, 5 U.S.C.
81010 etsea. or other such legal authority as may be pertinent.
8. LICENSEE agrees not to sell, convey, transfer, mortgage, pledge, assign, or
otherwise encumber this Agreement, in whole or in part, nor any of LICENSEE's rights,
interests, or privileges hereunder.
9. Use of the premises by LICENSEE shall not be in support of any policy which
discriminates against any person on the basis of race, sex, religion, or national origin. .
10. This Agreement shall take effect upon signature by both parties, and shall remain
in effect for a period of ten years from the date of the last signature, with options to extend
the Agreement for subsequent ten year periods, provided that the parties may terminate the
Agreement either by mutual written agreement, or upon ninety days' written notice by either
party to the other.
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FOR THE NATIONAL OCEAN SERVICE,
FLORIDA FLORIDA
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
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Donald C. Beaumariage
Chief, Ocean and Lake Levels Division
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FOR CITY OF CLEARWATER,
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Elizabeth M. Deptula, City Manager
Countersigned:
Attest:
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Approved as to Form and Legal
Sufficiency:
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Paul Richard Hull
Assistant City Attorney
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