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

or interpretation arises, this 232 License Agreement shall be co~ strued as if drafted jointly by the Parties and no presumntion 233 or burden of shall arise favoring or disfavoring any Party by virtue of the authorship proof 234 of any of the provisions of this License Agreement. 235 236 237 Section 15. Entire Agreement 238 This License Agreement represents the entire and integrated License Agreement 239 between the City Council and Licensee and supersedes all prior negotiations, 240 representations or agreements, either written or oral. Provisions of this License Agreement 241 may be amended written instrument approved and signed by the City and Licensee. only by 242 243 244 City Council of Fort Walton Beach 245 246 Dated 247 248 Attest: 249 250 251 Helen Spencer Michael G. Anderson, Mayor 252 City Clerk 6-  ATTORNEY DRAFT 15 Dee 2005 253 254 255 256 Witness 257 Printed Name: 258 259 Before me, the undersigned authority, on the day of December 2005, 260 personally appeared Michael G. Anderson and Helen Spencer, in their representative 261 capacityas the and the City Mayor Clerk, and by proper authorization of the City City 262 Council of Fort Walton Beach, Florida, did execute this instrument in the name of the 263 City Council of Fort Walton Beach, Florida. 264 265 266 Notary Public 267 268 269 Northwest Florida Fair Association, Inc. 270 271 272 Dated 273 274 275 Witness Charles H. Rigdon 276 Printed Name: 277 278 279 Witness 280 Printed Name: 281 282 Before me, the undersigned authority, on the day of December 2005, for the 283 personally appeared Charles H. Rigdon, in his official representative capacity 284 Northwest Florida Fair Association, Inc., and by proper authorization of the corporation, 285 did execute this instrument in the name of the corporation. 286 287 288 Notary Public 289 7- Plan of Oneration for 2006 As of the 12th of December 2005 January Exterior Needed Dog Training parking lot Ft. Walton Beach Chamber of Commerce Breakfast parking lot & rear Circus parking lot & rear(all) Antique Show 2 days parking lot & rear(all) Southern Gun and Knife Show 2 days parking lot & rear FWB Chamber of Commerce Breakfast parking lot February Okaloosa County Science Fair 4 days parking lot Buck Smith All Sport Fish Fry parking lot & rear Dog Training parking lot Florida Sportsman Fishing Show 3 days parking lot & rear(all) Okaloosa Kennel Club Dog Show 2 days parking lot & rear( all) March Panama City Kennel Club Dog Show 2 days parking lot & rear(all) Office of Elections Training parking lot Jr. League Rummage Sale 2 days parking lot & rear Ham Radio Club 2 days parking lot & rear(all) American Red Cross Kids Carnival 2 days parking lot & rear(all) ConsUucttonJunction parking lot(all) April Okaloosa County School District Art Show 5 days parking lot Homier Tool Sale 4 days parking lot & rear(all) Panhandle Job Fair parking lot & rear Master Gardeners Plant Sale parking lot American Cancer Society Relay for Life overnight all areas Spring Festival 3 days all areas May Covenant Hospice Yard Sale 2 days parking lot & rear Okaloosa County Sheriffs Appreciatton Lunch parking lot & rear Robin McNeil Dog Show 2 days all areas Auctton parking lot & rear June Antique Show 2 days parking lot & rear(all) Southern Gun and Knife Show 2 days parking lot & rear July FWB Chamber of Commerce Breakfast parking lot August Boys and Girls Club Kids Day parking lot & rear(all) Office of Elections Training parking lot Sheriff's Office Health Fair parking lot Auction parking lot & rear September Living Word Ministries Feast of Tabernacles 2 days parking lot & rear Panhandle Job Fair parking lot & rear October Office of Elections Training parking lot FAIR 9 days All Areas Midway set up in front parking lot, West side) November Southern Gun and Knife Show 2 days parking lot & rear Healthy Start World' s Largest Baby Shower parking lot Auction parking lot & rear December Winter Craft Festival 3 days All Areas Homier Tool Sale 4 days parking lot & rear( all) Other Continual Uses: Barn Men meet here every second Thursday monthly and the Old Timers meet here every third Wednesday monthly. p(arking area and rear needed for both) The local fire and rescue teams, as well as county, city, state and federal disaster relief teams use our facilities and land monthly for training purposes. They utilize the parking lot area as well as the back yard area. The Fanners Market operates Tuesday, Thursday, and Saturday April through November under the covered area in the front parking lot.  ATTACHMENT B US Department of Agriculture Forest Service Special Use Permit  Authorization ID APA518 FS- 27tJ0-4 8199) ( Contact ID OKALOOSA FAIR OMs 05QS-OOS2 Expiration Date: 12/31/ 2005 u.s. DEPARTMENT OF AGRICULTURE S i> Forest Service SV 4\()'" SPECIAL USE PERMIT AUTHORITY: crJ ORGANIC ADMINISTRATION ACT June 4, 1897 Okaloosa Countv Fair ". iatinn ct\l' of 1 gS8 Lewis Turner Blvd, FT Walton Be~ h Fl3~M7 ( the HOlder) Is hereby authorized to use or hereinafter called occupy National Forest System lands, to use subject to the conditions set out below, on the AnalachlcoJa National Forest ThiS permit covers 30 acres. and/ or - miles and is described as a tract of land in T1 S R24W. Seetinn 2Q , Tallahassee Meridian Okaloosa CnltnN. FIQrida as shown on Exhibit A attached to and made a part of this permit. and is issued for the purpose of: 144 - Operating and maintaining a county fairground complex. All bulldinc structlnns are owned QV Okaloosa Countv. Exhibit A - I ation l' V' Mac Exhibit B - Ocsratlna Plan The above descnbed or defined area shall be referred to herein 'as the "permit area-. TERMS AND CONDITIONS J. AUTHORIl1' AND GENERAL TERMS OF THE PERMIT A. Authoritv This permit is iSsued pursuant to the authorlUes enumerated at Title 38, Code of Federal Regulations, Section 251 Subpart B, as amended. This permit, and the activities or use authorized, shall be subject to the terms and conditions of the Secretary' s regulations and any subsequent amendment to them. B. Authorized Officer. The authorized officer is the Forest Supervisor or a delegated subordinate officer. C. License. This permit is a license for the use of federally owned land and does not grant any pennanent, possessory interest in real property. nor shall thiS pennit constitute a contract for purposes of the Contract Disputes Act of 1978 ( 41 U. S: C. 611). Loss of the privileges granted by this permit by revocation, termination, or suspension Is not compensable to the holder., D. Amendment. This permit may be amended In whole or in part by the Forest Service when, at the discretion of the. authorized officer, such action Is deemed necessary or desirable to incorporate new tenna, conditions. and stipulations as may be reQuired by law, regulation, land management plans, or other management decisions. C. Existina Riohts. This permit is subject to all valid rights and claims of third parties. The United States Is not liable 10 the holder for the ~ ercise of any such right or claim. F. Nonexclusive Use and P'ubftc At- Unless expressly provided for In additional terms, use of the permit MlQ8. k;,Brea is not exclusive. The Forest Service reserves the right to use or allow others to use of the t ", any part permit area, including roads, for any purpose.provided, such use does not ~ aterlally interfere with the holder's authorized use. A final determination of conflicting uses is reserved to the Forest Service. G. Forest Service Riaht of Entrv and InsDectJon. The Forest Service has the right of unrestricted access of the permitted area or facility to ensure compliance with laws. regulations, and ordinances and the terms