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LICENSE AGREEMENT REGARDING TIDE STATION ~ (Clearwater I () Harbormaster CLEARWATER MARINA 25 CAUSEWAY BLVD. CLEARWATER. FLORIDA 34630 TELEPHONE (813) 462-6954 May 17, 1995 Mr. Thomas F. Landon NOAA/NOS - N/OES212 SSMC4, Sta. 7649 1305 East-West Highway Silver Spring, MD 20910-3281 Dear Tom: Attached are two fully executed original copies of the License Agreement between the National Ocean Service, National Oceanic and Atmospheric Administration and the city of Clearwater. Please call me at (813) 462-6954 if you have any questions. RECEIVED MAY 1 8 1995 WCH/wch CITY CURK DEPT. cc: Elizabeth M. Deptula, city Manager Cyndie Goudeau, city clerk * 'Equal Employment and Affirmative Action Employer' .. I I . 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 NOS 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 the small room located under the stairs leading to the upper deck at the seaward end of Big Pier 60 (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 NOS 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 an average of five times a week by an observer, periodically each month 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, NOS shall be entitled to operate and maintain the gauge house, instrumentation, stilling wells, telephone service, and electrical service (provided by LICENSOR) on the premises. 3. NOS shall be entitled to install, operate, and maintain new or additional instrumentation. 4. Access to the instrument room shall be restricted to NOS employees or authorized NOS agents; all other persons must be accompanied by an NOS employee or agent. Only official NOS documents or flyers shall be displayed on the premises. 5. This Agreement shall not be construed to require the LICENSOR to furnish to NOS any more than electrical service, and access to, and occupancy and use of the premises. 6. On termination of this agreement, NOS shall remove any instruments or hardware it has placed on the premises, and restore the premises to the condition in which they existed before NOS first occupied them, reasonable wear and tear and "acts of God" excepted; provided further that the LICENSOR may require after termination of this agreement that NOS remove any or all of the improvements NOS has constructed on the premises. Any costs for removal and restoration pursuant to this paragraph shall be borne by NOS. , ~. r..~ IW~Wf.4.-- /F(.A!-kJ / rJ {r'~ (~? ." ~~,xk.t~/. ;d-;ta-L ~CJ-c?3c? -cO (;) .., ", I I 7. NOS agrees to be responsible for the negligent acts of its employees, representatives, or contractors, as required by applicable federal law, 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, NOS agrees to promptly consider and adjudicate any and all claims which may arise out of use of LICENSOR's premises by NOS or duly authorized representatives or contractors of NOS 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 V.S.C. 2671 et seQ. or such other legal authority as may be pertinent. NOS also agrees to consider and adjudicate any claims for damage or injury sustained by NOS personnel in the performance of their official duties. such adjudication will be made pursuant to the Federal Employees Compensation Act, 5 V.S.C. 81010 et Seq. or other such legal authority as may be pertinent. 8. NOS agrees not to sell, convey, transfer, mortgage, pledge, assign, or otherwise encumber this Agreement, in whole or in part, nor any of NOS' rights, interests, or privileges hereunder. 9. Vse of the premises by NOS 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 five years from the date of the last signature, with options to extend the agreement for subsequent five 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. FOR THE NATIONAL OCEAN SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE: FOR CITY OF CLEARWATER, FLORIDA -il /1 ~L Ron H. Rabun, City Manager Cou :2h. ~1J Charles N. Ehler " Director Office of Oceanography and Marine Assessment rnmlssioner Attest:. . -~- '.- -'- - ~~~.~#~~,: i;; Clerk )A}za/c;o Date '/~II f( DAte { -- M. A. , Jr., City Attorney I UNITED STATls DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE Rockville, Maryland 20852 J4.N - 2 1991 Mr. William Held Harbormaster city of Clearwater 25 Causeway Boulevard Clearwater, Florida 34630 CITY Of CLEARWATER JAN - 7 1991 HARBORMASTERS OFfiCE Dear Mr. Held: [I C2 AJ.< Enclosed are three copies of the :tease agreement between the National Ocean Service (NOS) and the City of Clearwater for the NOS tide station on Big pier 60. Please have your designated city official sign and date all three copies and return two fully executed copies to me. One fully executed is for your files~ We thank you for your cooperation and support in the collection of long-term tide data at Clearwater. If you should need tide data, please feel free to contact Mr. Milton Rutstein of this branch (301-443-8467). Matters related to the tide station premises can be handled directly through the NOS contractor for the Clearwater station, Mr. Lee Chapin (904-926-1243). Sincerely, Ledolph Baer, Chief Physical Oceanography Division Enclosures cc: L. Chapin ~~^'~.'" l ." " \~~g ~-- "'''''''NT Of cd<'