Fort Walton Beach Council agenda — 12-20-05 — reading text

permit Florida Fair Association to be present at I expect representatives with the Northwest the meeting to share with Council their issues. Page 2 of 3 CONCLUSION: to execute the Staff respectfully requests that City Council authorize the Mayor the City and the Northwest Florida Fair proposed License Agreement between With Joint Permitted Use of Other Areas. Association for the Building Footprint Only, License Agreement with the Further, if we are unable to achieve a satisfactory direct the City Attorney to send a Northwest Fair Association by December 31, 2005, them to and submit notice to the Northwest Florida Fair Association requiring prepare an abandonment plan within 30 days of the expiration of their Special Use Permit with the US Department of Agriculture, Division of Forest Service. Respectfully Submitted, Docid: c:\ documents and setings\jhan han. fwb- Ian\ my documents\ parks & rec\ softball complex & doc fairgrounds\ sofball complex & fairgrounds_ staff memo. Page 3 of 3  ATTACHMENT A LICENSE AGREEMENT Building Footprint Only With Joint Use of Other Areas  ATTORNEY DRAFT 15 Dee 2005 1 License Agreement 2 Building Footprint Only 3 With Joint Permitted Use Of Other Areas 4 5 This License Agreement is being executed on 6 2005, between the City Council of Fort Walton Beach, Florida, a municipal corporation, shall 7 City," and the Northwest Florida Fair Association, Inc., " Licensee." The tenn " City" 8 be construed to mean only the City Council of the City of Fort Walton Beach. 9 10 Section 1. Premises 11 Inconsideration of the covenants, conditions, agreements and stipulations of that area of 12 provided in this License , the City agrees to pennit the use by Licensee 13 land particularly described and marked as " 1" and " 2" on Exhibit A, situated in Okaloosa land described 14 County, Florida, and referred to as " Premises." Further, in addition to the 15 in Exhibit A, and based on the Operation Plan, the City Council shall pennit the use of 16 specific delineated parking areas for the time period of any approved event. 17 Licensee shall have nonexclusive use of the Area " 2" as marked on Exhibit A. The not limited to the 18 City reserves the right to use Area " 2" for public purposes, including by 19 s administrative, City' police,fire, and other needs. This use by the City shall not include 20 access or use to Area " 2" by the general public. 21 22 ection 2. Use & Conditions . 23 A. Licensee agrees it shall use the demised Premises solely for agricultural, 24 educational and fair purposes, consistent with the municipal public purposes and the intent 25 and requirements of Chapter 616, Florida Statutes ( 2005). 26 27 B. Licensee shall provide, prior to 1 January 2006, an Operations Plan. The Licensee' s current 28 Operations Plan shall include, at a minimum, the following information: structure verification; a list of all scheduled and anticipated events with a 29 corporate and a concise 30 description of the event; the dates for all scheduled and anticipated events; 31 statement regarding the parking area use needed for each event. 32 No activity shall be pennitted upon the Premises other than those activities and 33 events specifically authorized by the City Council in the Operations Plan, without the of 34 written consent of the City Council. In subsequent years, if any event, activity, or element notice of change before 1 35 the 2006 Operations Plan changes, Licensee shall submit a 36 December of the year preceding the year in which the change occurs to receive the consent 37 and approval of City Council for such change in the Operations Plan. 38 39 40 Section 3. Term and Commencement Date 41 A. The tenn of this License Agreement shall be for a period of three ( 3) years, the 31 st day of 42 commencing on the 1 st day of January 2006, and ending at midnight on 1-  ATTORNEY DRAFT 15 Dee 2005 43 December 2008. 44 45 B. Not sooner than 1 March 2008 or later than 1 June 2008, the Licensee shall of the Premises or 46 give notice to the City Council of its intent to renegotiate the license 47 notice of its intent to surrender the Premises. So long as Licensee is in compliance with the 48 terms and conditions of this License Agreement, Licensee gives notice of its intent to that entering into 49 renegotiate the license, and a specific finding is made by the City Council 50 a license with Licensee serves a public purpose and puts the Premises to its best use, the terms for a License 51 City Council and Licensee shall negotiate in good faith to reach new Premises, the Licensee 52 Agreement. If Licensee gives notice of its intent to surrender the 53 shall begin immediate actions pursuant to Section 10 below. 54 55 56 Section 4. Rent 57 A. Rent shall be paid monthly annually on 1 January of each year. Rent for the term of this License shall be $ 20, 000 annually. Additionally, rent shall include an 58 59 additional 5% of gross receipts charge of all business conducted on the demised Premises. 60 61 B. Rent for any additional License terms shall be negotiated after notice by 62 Licensee of its intent to the license of the Premises. It is understood by the renegotiate of the Rent shall be 63 parties at the time of execution of this License that any renegotiation 64 based the intended use of the Premises and may be at fair market value for the o,n 65 Premises at that time. It is further understood that such new Rent may include an annual at 66 adjustment based on the CPI calculated of an average for the previous year sampled 67 two months prior to the start of the new year. 68 69 C. Rent payments shall be made payable to the " City of Fort Walton Beach" 70 and mailed or delivered to the Finance Director, at PO Box 4009, Fort Walton Beach, 71 Florida 32549- 4009. 72 73 Section 5. Taxes and Fees 74 A. The parties acknowledge that the Premises are owned by the City of Fort Walton Beach, a municipality, and that Licensee is a corporation formed pursuant to 75 taxation. However, 76 Chapter 616, and both entities are exempt from ad valorem real property 77 if this License Agreement creates possessory a interest or security interest in Licensee that is all such taxes prior to 78 subject to taxation. Should this occur, the Licensee agrees to pay 79 delinquency. 80 81 B. The Licensee shall pay all license fees or other governmental charges, and use taxes, resort 82 including but not limited to commercial personal property taxes, sales 83 taxes, etc.) assessed or imposed on the personal property of the Licensee located on the conducted on the 84 demised Premises or upon the business operations of the Licensee 2-  ATTORNEY DRAFT 15 Dee 2005 85 demised Premises, or upon the personal property of the City, if any, used by the Licensee on 86 the demised Premises. 87 88 C. If the City is obligated to collect any taxes, fees, or charges, such taxes, fees, 89 or charges shall be invoiced by the City to Licensee, and Licensee shall make such payment 90 as invoiced and forward such payment to the City . 91 92 Section 6. Utilities, Services Required 93 The Licensee shall pay before delinquency all charges for utilities, including but not used by the 94 limited to water, gas, heating, cooling, sewer, cable and telephone, electricity, 95 Licensee on the Premises, and all charges for solid waste collection service. The Licensee for 96 shall contract with the City Council of Fort Walton Beach Public Works Department for of all generated solid waste. The Licensee 97 dumpster service and be responsible disposal 98 shall participate in the City' recycling program. s 99 100 Section 7. Alterations,