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Home My Public Portal About1995 License Agreement.tiffile: 6549 (Revised 12/12/94) Key Biscayne Page 1 of 2 LICENSE AGREEMENT THIS AGREEMENT, effective this 1 day of January, 1995, between BELLSOUTH TELECOMMUNICATIONS, INC_ d/b/a SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, a corporation organized and existing under the laws of the State of Georgia and having offices located at 6451 North Federal Highway, Fort Lauderdale, Florida 33308 ("Licensor"), and VILLAGE OF KEY BISCAYNE ("Licensee") having offices located at 85 West McIntire Street, Key Biscayne, Florida 33149, attention Chief Michael Flaherty at phone number (305) 365-5503. WITNESSETH: WHEREAS, Licensee desires to access and use a portion of Licensor's Key Biscayne Central Office parking lot property located at 89 West Wood Drive, Village of Key Biscayne, Dade County, Florida (the "Property") for the sole purpose of parking licensee's vehicles. WHEREAS, Licensor is willing to permit, to the extent it may lawfully do so, the use of a portion of the Property for the above stated purpose according to the terms hereof; NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby mutually covet and agree as follows: I. Licensor hereby grants to Licensee a license to use for the purpose of temporarly parking of police and city employee vehicles using a portion of the Licensor's subject central office parking lot property. Said Licensee's use of the property to be held between the dates of January 1, 1995 and December 31, 1995. 11. Licensee agrees: (1) to use the described Property only for the purposes permitted herein; (2) not to commit or permit waste or trash thereon; (3) to provide appropriate security, safety and control of all personnel both in and on the Property; (4) to assure that access to the Property under Licensees control is limited to only employees, contractors, or invitees of the Licensee and (5) to relinquish use of the Property at the termination of this License Agreement in substantially the same condition as that in which it now exists: Page 2 of 2 A. Licensee agrees to indemnify and hold harmless the Licensor, its directors, officers, employees, agents, and affiliated companies and their directors, officers, employees, and agents, from any and all claims and suits for any liability, including but not limited to, injury, death, or damage to any person or property whatsoever, including attorney fees and costs, caused by, arising from, incident to, connected with, or growing out of this License, other than those which are caused by the sole negligence of the Licensor, its officers, employees and/or agents. B. Licensee agrees to defend on behalf of the Licensor, its directors, officers, employees, and agents, all suites and claims brought jointly against the Licensee and the Licensor, its directors, officers, employees, and/or agents, or any other combination, or against the Licensor, its directors, officers, employees, or agents alone for.or arising from, incident to, connected with or growing out of this License, including but not limited to the use of the Property or presence thereon by the Licensee, its employees, guests, or invitees. IV. Licensee shall obtain liability insurance or be self -insured for personal injury and property damage in the amount of $ 1,000,000. V. This License Agreement shall automatically terminate at 11:59 p.rn. December 31, 1995. VI. This License shall create the relationship of Licensee and Licensor between the parties and no estate shall pass out of Licensor. VII. This License constitutes the entire Agreement between the parties and shall not be modified or supplemented except by written agreement signed by each of the parties hereto. IN WITNESS WHEREOF, the Licensor and Licensee have set their hands as of the date and year first above written. LICENSOR: BELLSOUTH TELECOMMUNICATIONS, INC. 1, By: prin./name : Daniel 9. Iglesias T±tte: Manager - Provisioning LICENSEE: VILLAGE OF KEY BISCAYNE By: ti'�. � �•. print name : CTSamiael K si singer Title: Village Manager B LLSOUTH Ottl€sutl+ UWtaas $ystmatc tnc. 5431 V. Foiling! Highway t. Le*milk F1ct$de 3330$ FAX TRANSMISSION SEND TO FAX #: 305 .- 3(p5-g`Z, 0 PLEASE DELIVER TO: NAME; COMPANY: ► \\ OC Qrr b q }'L TELEPHONE #: " 3CC,5 DATE: ES TIME: C1:25 # OF PAGES ATTACHED: REMARKS: 64CX-> (02) 'et‘ 99u- 3S I -3lI FROM: TELEPHONE #: FAX #: Cmrl L ac_, -6c0--gDt3 CUSTOMER 'PROPRIETARY NETWORK INFORMATION (CM) NOTICE, REQUEST FOR C_USTtDMI R APPROVAL AND RESPONSE FORM The Federal Communications Commusioa (FCC) has issued new rutes clarifying the process for obtaining your consent to the use of information about :he BellSouth services which you receive to identify additional BellSouth products and services which could be of benefit to your business. The Prior Rules. Prior to the effectiveness of the FCC's recently published rules BellSouth was required to provide en annual notice to all of its multi -line business customers and to ob a written approval from its larger business customers (more than 20 phone lines) in order to use formation, referred to as customer proprietary network information or CPNI, to sell enhanced servic s e.g., voice messaging and Videotext services), es well as customer premises equipment (e.g.,t,e1,9p ne sets and PBXs). The New Rules. Pursuant to the new rules, with your approval, BellSouth companies can use CPNI generated in the provision of your current or future BellSouth services to identify and infor a you of additional service offerings consisting of any or all of time full array of products and services offered by BellSouth companies, now and in the future. Your approval will remain in effect until you notify BellSouth to the contrary. In order to seek your approval for the use of this information, there are a number of things which we need to tell you. What is CPNI? CPNI is information which is created and maintained during the normal course of providing any telecommunications services by any of the BellSouth companies. This information includes the type(s), location(s), and quantity of all of the telecommunications services you receive from BellSouth companies, how much you use them (i.e., usage data), calling patterns and billing records. The CPNI we are talking about is CFNI generated from a BellSouth company's provision of your current or future telecommunications services at any current or future business location of your company. It also covers any current or future business location of any of your company's current or future affiliates for which your company makes telecommunications decisions. Row can BellSouth use this information to help you? With your approval, the BellSouth companies will be able to use information about your current and future services to help tailor innovative new service proposals. Using this information, BellSouth may be able to offer you special service packages including local, long distance (following receipt of all necessary approvals), managed network services, wireless, Internet -based solutions and much more. You may be able to enjoy savings with package deals and may even be able to combine all these services on one monthly bill. Who will use this information? Only those companies that now or in the future sell BellSouth services and products, including our agents and authorized sates representatives, will use this information. In this notice, we refer to any such current and future companies as "BellSouth companies". Included among these companies are BellSouth Telecommunications, BellSouth MNS, BellSouth BSE, BellSouth Entertainment, BellSouth Long Distance, BellSouth Communication Systems, BellSouth Cellular, BellSouth Mobility DCS, BellSouth Wireless Data and BellSouth Advertising Publishing. Will BellSouth protect this information if you give your approval? Yes. Whether or not you give us your approval, you have a right to have this information treated confidentially and BellSouth has an obligation to treat it in a confidential manner. BellSouth has and always will honor your rights and its obligations. Customer Name: Here are some other things you need to know, The FCC's new regulations requtry that we: have your approval to use CPNI generated in the provision of your telecoinmunic:ations services propose new types of services that we believe will interest you. • You can always change your mind about the BellSouth companies' use of this information simply by informing us. Your approval or denial of approval for BellSouth to use this information will remain in effect until you inform us that you have changed your mind. The new rules do not require an annual approval process. • If we do not receive your approval, we will use this information only to continue to provide or make available to you the types of BellSouth products and services to which you already subscribe. • Whatever your choice, BellSouth will continue to provide you with the same high quality of service you currently receive. How can I respond to BellSouth's request for approval? A11 you have to do is sign the form where indicated below to indicate your approval or denial of BellSouth's described use of CPNI generated by the provision of teleconun utications services to you by the BellSouth companies. As stated above, this approval or denial will remain in effect until you notify BellSouth that you have changed your mind and wish to grant, terminate or limit your approval, as the case may be. Following execution of the Response Form, the original should be returned to your designated account executive for storage in BellSouth's records. RESPONSE FORM On behalf of the Customer, after reading and understanding the Notice, I respond to BellSouth's Request for Custo t "— y1 as follows; (Please circle response) generated in the provision of all telecommunications services now or hereafter to the undersigned Customer (at any of the Customer's business locations and any usiness location of any of Customer's affiliates for which Customer makes telecommunications decisions) by any BellSouth Play be used by any BellSouth company for the purposes of identifying and proposing new types of services that we believe will interest you. No, CPNI generated in the provision of all telecommunications services now or hereafter provided to the undersigned Customer (at any of the Customer's business locations or any business location of any of Customer's affiliates for which Customer makes telecommunications decisions) by any BellSouth company may notbe used by any BellSouth company for the purposes of identifying and proposing new types of services not within the same category of service as those to which the 9 xomei)subscrbes from time to time. iJ r ll I/c � • l� Authorized by. Printed Name and Titlrs, ' f c u.� !, C1‘-)/( t/c2. U Among our great array of services like ISDN west product and Internet Access offering to our igitaJ business Gusto ----- customers: Servjce ______ Just contact your ter Account Executive, ve, Gen Alton 1-800- 298-6323 your Ac X98 �3,�3 Account plan that best • , we will consult � suds your needs you to .end phone and will place the w�11 arrive within 5 - 7 your order. Your Allof thisvv�th businesdays - A� out excl.: ANA . having to leave your office. twari fin ;Et tu cc LL., BELLSOUTH Ord QuaTter Promotions contract, the iinstallationW�- With � a 2 year c� of Q t�� costs�}Q tV �nSij t�Lcharges (exckldiflg wiring rwiring a � nd jacks) on the following • ed., seniices will be wain N ��Rate a�ISDN •Frame Relay more details on WEB HOSTING, 128K Ask for LAN; DEDICATED INTERNET ACCESS-FIRN & SOFIA. Now available SERVICE ELE � � for more Gall your Account Team information. Gen Milton at 1800-298-6323 Gen n BS,bellsouth.com. DATE: TO: COMPANY NAME: FAX NUMBER: FROM: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Telephone: (305) 365-5500 Fax: (305) 365-8936 Internet: http://vkb.key- biscayne.fl.us • FAX TRANSMITTAL SHEET L� VILLAGE COUNCIL John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdcz-Leon Broucck Gregory Christopher Han Hugh T. 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