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

limited to water, electricity, gas, heating, cooling, sewer, cable and telephone, used by the Licensee on the Premises, and all charges for solid waste collection service. The Licensee for shall contract. with the City Council of Fort Walton Beach Public Works Department waste. The Licensee dumpster service and be responsible fOf disposal of all generated solid shall participate in the City' s recycling program. Section 7. A1terations,Additions, Improvements, - , Destnldion Repal.s A. The Licensee : may not make alterations, additions, or improvements, or pennanent, to the Premises, except by written consent of the City Council. 1;emPQrary B. The Licensee, as the owner of the buildings and other aboveground improvements shown.on Exhibit ~ assumes sole r~ sponsibi1ity for maintenance and repair Pre:mi$es and Area " 2 as marked on Exhibit A, including n of the structures on the that are or may become applicable to compliance with all laws, ordinances and regulations s from time to time. The Licensee shall at its PremiS(~ sole cost and expense, promptly s1.1ch repair, replace and at all times maintain in good conditio~). Premises. the 50%) Qr more of the C. In.the event the Premises is destroyed by-fifty percent ( total s1roctural components or area of the i. nJ.provemen~ as defined in the City Council if is less than 500,10 of the Code; at any time, this Licenre shall texm.inate. OtherWise damage within thirty days total $tnlctut' al components Of area. of the improvement, Licensee, shall, submit tQ the City Council its plan for from the dat.e of such damage or destruction, or abandoning, pursuant to section 10 below, the Premises. repairing Section 8. Signs . on the premise shall be in accordance with the Code of All signa.ge of any kind OrdiJ:um.C:es of the City COl.Ulcil of Fort Walton Beach. 3- 01/ 15/ 2007 08: 05 8b~~ J39543 CFWB PURCH D PAGE 05 Section 9. Insurance A. The Licensee shall. during the term, and at its sole expense, obtain and keep in force, with City Council named as additional insured, . commercial general liability insurance induding personal injury, bodily injury. broad form property damage, operations hazard, owner's protective coverage, contractual liability and products and completed operations liability in limits not less than $ 1, 000)000 for each occurrence and in the' aggregate. ( 1he aggregate limits of such insurance are to apply specifically to the Premises and Area " 2tl and not to other or multiple locations). The Licensee shall be responsible for maintaining and paying the premium for property insurance covering Licen~ e' s interest m the personal property.belonging to the Licensee. B. The Licensee shall maintain in force a policy of workers compensation insurance in compliance with applicable Florida law. The worker' s compensation insurance policy shall include 5 liability insurance with limhs of Iiabi] ity not less than employer' 1, 000, 000 :fi)! each accident/$l,OOO, OOO per employee for di~easel$ l,OOO) OOO policy limit for disease, . C. The Licensee shall maintain in force a policy providing automobile liability insurance which provides coverage for the exposure created by the use of .'any Auto", as designated by the use of " 1)> or the individual insurance company' s equivalent, in symbol the policy. City Council has the right to perioclically review the insuxan~ e D. The and by providing ninety ( 90) days advance notice in requir.ements of this Lease Agreement ike any adjustment in insurance requirements. writing to the Licensee, to ID< E. All policie$required to be maintained by the Licensee pursuant to this section shall be issued in a form acceptable to the City Council by insurance companies available " Best' s having and maintaining at least an A.VII rating in the most corrently event shall such policy Or Insurance Reports'> and qualHied to do business in Florida. In no in axcess of $1, 000. 00 policies provide tor a deductible amount for arty type of coverage and all such policies ~halIprovide that the full amount of any losses sustained shall be of this License Agreement payable for the City Council' s benefrt under the terms of City Councilor Licensee which might notwithstanding any act, omission or negligence otherwise result in a fQrfeiture of iDsurance covera.ge. Failure to provide or maintilil coverage as pl'ovided in this section shall be deemed an event of default hereunder. Council and F. The Licensee shall protect.defend, indemnify and hold the City harmless form all claims, demands, causes' of action City Council's officials and 'employees, loss of su1ting from injury to or death of persons or damage or liability, r~: to Or property and arising from the Licensee' s operations or as a sustained on or about the demised premise 4. 01/ 15/ 2007 08: 05 339543 8t,_..... CFWB PURCH D PAGE 05 proximate resUlt of the acts. or omissions of the Licensee or its employees, agents, invitees or guests. G. Nothing herein is intended to be a waiver ofllie sovereign hnIDunity ofilie City Council. Section 10. Assignment,Sub- license, Eft':. The Licensee shall not assign, transfer, lease, sublease or sublicense any part of the Premises, without the express consent of the City Council. Acceptance by the City Council oftha Operations Plan shall be construed as express consent of the City Council. Section 11. Expiration,Termination or Abandonment A. Th.is License Agreement shall expire as of Midnight, 31 December 2008. by operation of the provisions in this License Agreement, or upon one~hundred and eighty 180) days notice by the City Council, with or without cause. B. If Licensee gives notice of intent to surrender the Premises, Licensee shall propose an abandonment plan for the Premises, which may include an offer to the City to purchase the aboveground improve:r: nent5. The abandonment plan shall specifically outline and address removal of aboveground improvements owned by Licensee, the restoration of the pennit area, and prescribed time funne fur that a.ction .or a Dlethod of va.l:uation of the a. aboveground :improvements in the event of purchase by the City. The abandonment plan shall be submitted to the City and will not be accepted or any action authorized until the City notifies Licensee in writing that the abandonment plan is sufficient. C. If Licensee fails to revise the abandonment plan as requested by the City, remove the aboveground imp:rove: ments, or restore the Premises witbin the time proposed in the abandonment plan, all aboveground improvements shall become the property of the City and may be sold, destroyed, or othelWise disposed .of without any liability to the City. However, the Licensee shall remain liable f.or all costs associated with their removal, costs of sale and impoundment, cleanup, and restoration of the including Premises. Section 12. Notices All notices, demands. requests or replies required by this License Agreement shall Postal be in writing t.o the addresses listed below and may be delivered by United States with Service as certified o. r registered mail, return receipt requested, postage prepaid or an overnight express delivery service: For purposes ofnouce, dern.an.d, requ~ or reply, the address of the City shall be: City Manager City of Fort Walton B:each 5- 01/ 15/ 2007 08: 05 85 39543 CFWB PURCH D PAGE 07 P. O. Box 4009 Fort Walton Beach, FL