Fort Walton Beach Council agenda — 02-27-2007 workshop agenda — reading text

LEWIS TURNER BOULEVARD Iww. interflood. com · 1- 800- 252- 6633 Fort Walton Beach, FL 32547 L._..... "_,,_,,,'."_"__' I'" I J-- r l It \ r 1Al AN!!I.N u. C( rtJ 1; G Okaloosa County /. < Unincorporated Areas -,-:- .. .... · '- l 120173 O' 400' 800' 1200' 1600' L om r -. L- n'--:== rrW= ~ Fort Walton Bcach 8080/Flo dScapelmage? customerNum= 1& caption= M. EugenePre... 1/30/ 2007 http://floodmapl. alamode. com: 01/ 16/ 2007 08: 05 8~ . 339543 CFWB PURCH D PAGE 02 License Agreement SuiJding Footprint Only Vith Joint Permitted Use Of Ot4er eas A... TIlls License Agreer.o.ent is being executed on December 29) 2005, , 2005, betweGn the City Council of Fort Walton Beach, Florida, a mUnicipal oorporation, City," and the Northwest Florida Fair Association, Inc., " Licensee." The term " shall City" be construed to mean only the City Council of the City of Fort Walton Beach. Section t. Premises In consideratiQn of the covenant$, conditions, agreements and stipulations provided in this License, the City agrees to pennit the use by Licensee of that area of land n It particularly descri,bed and marked as 1 and " 2" on Exhibit A, situ.at.ed in Okaloosa County~Florida, and referred to as " Premises:' Further, in addition to the land described in Exhibit A, and based on the Operation Plan, the City Council shall permit the use of specific delineated parking areas for the time period of any approved event. Licensee shall have nonexclusive use of the Area " 2ft as marked on Exhibit A. The City reserves the right tQ use Area ff2" for public purposes. including by not limited to the City' s administrative, police, fire, and other needs. This use by the City shall not include access Qr use to Area " 2" by the genera! public. Section 2. Use & Conditions A. Licensee agrees it shall lISe the de~nised Premises solely for agricultural, educational and fair purpos~, consistent with the municipal public purposes and the intent and requirements of Chapter 616, Florida Statutes ( 2005).. B. Licensee shall provide, prior to 1 January 2006, an Operations Plan. The Operations Plan shall include, at a minimum, the following information: Lio n.see' s current corporate structure verification; a list of all scheduled and anticipated events with a description of the event; the dates for all scheduled and anticipated events; and a concise statement regarding the parking area use needed for each event. No activity shall be permJtted upon the Premises other than those activities and events spectfica11y authorized by the City Council in the Operations PIau, without the written cons{~nt of the City Council. In subsequent years. if any event, activity, or nt of elem(\ the 2006 Operations Plan changes, Licensee shall submit a notice of change befQre 1 December of the year preceding the year in which the change occurs to receive the consent and approvaJ of City C01,]I1cil for such change in the Operations Plan. 1- 01/ 16/ 2007 08: 05 8:' J3'3643 CF\> JB PURCH D PAGE 03 Sec.tion 3. Term and Commencement Date A.. The term of this License Agreement shall be for a period of three ( 3) years, commencmg on the 15t day of J.muary 2006, and ending at midnight on the 31 st day' of December 2008. ' B. Not sooner than 1 March 2008 or later than 1. June 2008, the Licensee shall give notice to the City CO\Ulcil of its intent to renegotiate the license of the Premises or notice of its intent to surrender the Premises. So long a$ Licensee is in with the compliance terms and conditions of this License Agreement, Licensee gives notice of its intent to egotiate the license, and a specific finding is made by the City Council that entering into a license witb. Licensee serves a public purpose and puts the i$ Pre.w.es to its best use, the City Council and Licensee shall negotiate in good faith to reach new te:rms for a License Agreement If Licensee gives notice of its intent to surrender the Preinises, the Licensee shall begin immediate actions pursuant to Section 11 below. Section 4. Rent A. Rent for the term of this License shall be $ 20, 000 annually and shall be paid quarterly on the first day of the first month of each quarter ( January) April, July, October) of each year. The f1l'st rent payment shall be due on 1 JanUary 2006. Additionally, rent shall include an additional 5% of gross receipts charges of all business conducted on tb.e demised Premises. The gross receipts charges shall be payable annually no later than 30 December of each year. B. Rent for any additional License terms shall be negotiated after notice by Licensee of i'ts intent to renegotiate the license of the Premises. It is understood by the parties at the time of execution of this License that any renegotiation of the Rent shall be based on the intended use of the Premises and may be at fair market value for the Premises at that time. It is further under$tood that SI.lch new Rent may include an annual adjustment based on the cpr calculated of an average for the previous year sampled at two :months prior to the start of the new year. C. Rent payments shall be :made payable to the " City of Fort Walton Beach" and mailed () r delivered to the Finance Director, at PO Box 4009, Fort Walton Beach, Florida 32549-4009. Section 5. TaJ[es and Fees A. The parties acknowledge that the Premises are owned by the City of Fort to Walton Beach.,a municipality. and that Licensee is a. corporation fonned Jr. p" rl o8Ilt. from ad valorem real taxation. Howev er : , Chapter 616~and both entities are exempt property this License Agreement may create a possessory interest or security interest in Licensee that is subject to 'taxation. Should this occur, the Ljcensee agrees to pay all 5UCA taXe& prior 1:0 2. 01/ 15/ 2007 08: 05 85~ . J39543 CFWB PURCH D PAGE 04 delinquency. B. The Licensee shall pay all licenSe fees or other governmental charg~s, taxes, sales and use taxes, rQ$ort including bHt not limited to commercial personal property taxes, etc.) sessed or imposed on the personal property of the Licensee located on the a') demised Premises or upon the business operations . of the Licensee conducted on the demised Premises, or upon the personal property of the City, if any, used by the Li~ensee on the d~ sed Premises. C. lfthe City is obligated to collect any taxes, fees, or charges, such taxes, fees, or charges shall be invoiced by the City to Licensee, and LiceX1$ee shall make such payment. as invoiced and forward such payment to the City . Section 6. Utilities, Services Required The Licensee shall pay before delinquency aU charges for utilities, including but ~ot