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LICENSE AGREEMENT BETWEEN THE NATIONAL OCEAN SERVICE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND CITY OF CLEARWATER REGARDING WEATHER OBSERVATION STATION ~ LICENSE AGREEMENT BETWEEN THE NATIONAL OCEAN SERVICE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND CITY OF CLEARWATER This License Agreement is entered into by the National Ocean Service (NOS), National Oceanic and Atmospheric Administration (LICENSEE) and City of Clearwater Beach, Florida (LICENSOR). The purpose of this Agreement is to allow LICENSEE to have 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 water level and weather observation station. The property affected is a small space on the south side of Big Pier 60, located in Clearwater, Florida (referred to below as "the premises"). By their signatures below, the authorized representatives of 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 install, operate, and maintain the water level and weather station instrumentation (in a mutually agreeable location), a ten meter meteorological sensor tower, and utility and telecommunication lines from the premises. 3. This Agreement shall not be construed to require the LICENSOR to furnish to LICENSEE any more than access to and occupancy and use of the premises. 4. NOS shall be entitled to install, operate, and maintain new or additional instrumentation. 5. NOS shall install and maintain an electronic display, in a location determined by the LICENSOR, to make the water and weather data available to the public. 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 ofthis Agreement that LICENSEE remove any or all ofthe improvements LICENSEE has constructed on the premises. Any costs for removal and restoration pursuant to this paragraph shall be borne by LICENSEE. 7. LICENSEE 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, LICENSEE 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 USC 2671 et seq, or such other legal authority as may be pertinent. LICENSEE also agrees to consider under the Federal Employees Compensation Act, 5 USC 8101 et seq., or other such legal authority as may be pertinent, any claims for damage or injury sustained by LICENSEE personnel in the performance of their official duties. 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 ofthe 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. .. FOR THE NATIONAL OCEAN SERVICE 1L-- (IJ;f ~ Michael Szabados National Ocean Service Director, Center for Operational Oceanographic Products & Services If It/IIi Date counterSign~ ~ f ;;/ B' 1. Auhgst Mayor-Commissioner By: CITY OF CLEARWATER, FLORIDA ~tlt4lM< g~~ Wi liam B. Home, II City Manager " Attest: - ":- ~ ~~~tk~ ~~nthi E. oudeau ---:-~". ~. .. ~ (f , CIty Clerk .' ./ '. '.. '. ... ,/' - ~ ... - ~ .. .. ..