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

32459 With.copy to: Toni L. Craig City Attorney 244 Rd NE ' Racet:rt1ck Fort Walton Beach, FL 32548 The address of the Licensee shall be: Northwest Florida Fair Association, Inc. C. H. Rigdon 1958 Lewis Turner Blvd Fort Walton Beach.FL 32547 S~ tion 13. Severability If any section, subsection, term or provision of this License Agreement of the application thereof to any party or circumstance sball, to any extent, be invaljd Of unenforceable, tqe remainder of said section, subsectio~ term or provision of this License Agr<;:erneut or the application of same to parties or cirC1JIIlstances other than those to which it was held invalid or W1enforceable; shall not be affected thereby and each remaining section subsection, term or provision of this License Agreement shall be valid or enforceable to the fullest extent permitted by law. Section 14. Construction The Parties have participated jointly in the negotiatiDn and drafting of this License arises, this Agreement. In the event an ambiguity or question of intent or interpretation License Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall .arise favoring or disfavoring any- Party . by virtue of the authorship of any of the provisions oftrus License Agreement. Section 15. Entire Agreement This License Agreement represents the entire and integrated License Agreement between the City Council and Lioensee and supersedes all prio:r negotiations, or agreements, either written, Df oral. Provisions of this License Agreement representations may be amended written. instrument approved and signed by the City and Licensee. only by City Council of Fort Walton Beach Dec.embe!: 29, 2005 Dated 6~ 01/ 16/ 2007 08: 05 8~ vu339643 CFWB PURCH D PAGE 08 ATi4m tf!~ Helen Spepcer i.. City Clerk ' i90M/~ Witness ~-'"' ~ / J. L A Printed Name: ~ t" Z;;(<"H I U~ O\-\:"ay of December 2005, V) Before me, the undersigned authority, on thl).. personally appeared Michael G. Anderson and Helen Spencer, in their representative capacity as the City Mayor and the City Clerk, and by proper authorization of the City Council of Fort Walton Beach, Florida) did execute this inst:rument in the name of the Ci Council of Fort Walton Beach,Florida. J< Cl! YC~.g'co.fT..~....... t! O&03212S3 E W11~ 008i 6( 4~ IO) asJ tary Public IIIoItIM ~. Inc : I Northwest Florida.Fa.ir Association, Inc. December 29, 2005 Printed Name: l~ ~? Hel~ n A. Spencer i4tL AQ_ Joyce Shanahan Printed Name; Before me. the undersigned authority, on the ~ day of December 2005, fM for .the personally appeared Charles H. Rigdon, in his official representative capacity Northwest Florida Fair Association, me., and by proper authori~ on of the co:tpora: tion, did execute this ;nstroment in the name of the corporation. L/ Ci41 ~ Notary Public R;: iNE II- p/ fIM --' IM. 7-  102 COMPARABLE COMMERCIAL LAND SALE # 1 LOCATION: Lewis Turner Boulevard Fort Walton Beach, Florida PARCEL# s: 34- 18- 24- 0000- 0031- 0020, 34- 18- 24- 0000- 0031- 002A, 34- 18- 24- 0000- 0031- 002C GRANTOR: Bonafide Business Associates, Inc. GRANTEE: Lewis Turner Blvd FWB, L.L.C. DEED BOOK/PAGE: 2626 / 979, [ 2693 / 3579 for Quit Claim portion] Okaloosa County, Florida. SALE DATE: June 8, 2005 SALE PRICE: 1, 000, 000 SALE HISTORY: No sales within the three years previous to the sale date. LAND SIZE: 127, 6318F LAND SHAPE: Irregular ROAD FRONTAGE: 308 feet, Lewis Turner Boulevard LOT DEPTH: t382 feet TOPOGRAPHY: Mostly level & wooded. ZONING: BR, Business Retail, Okaloosa County. FUTURE LAND USE: UMU, Urban Mixed Use. HIGHEST & BEST USE: Commercial development. INDICATORS: PRICE/ SQUARE FOOT - 7. 84 VERIFICATION: Inspection; public records. COMMENTS: This land is located on the north side of Lewis Turner and Boulevard. It is made up of three adjoining tax parcels. The land is mostly level wooded while at road grade. The shape is somewhat irregular with depth greater area. Per than typical for commercial land located along major thoroughfares in the center is allowed on the deed restriction, no orthopedic medical practice or surgery property for a period of ten years from the date of purchase. FILE # 2232012 RCD: / 13/ 2005 @ 11: 00 AM, BK: 2626 PG: 979 RECORDING: 15. 00 RECORDING ARTICLE V: $ 12. 00 DEED DOCSTAMPS $ 7000. 00 DEPUTY CLERK BHILL DON W. HOWARD, CLERK OF COURTS, OKALOOSA COUNTY FL FOW. MCNIS. . KftfE. fA. 909 tMR WH.T DR soot 101. U"\ n. IYt I II< WH.JON a. ~ 7-6711 BUtC'" c rv\ ~"':) J'7:> t...:: "\ DS -<./-" WARRANTY DEED THIS WARRANTY DEED is made effective as of the ~ day of J ~ , 2005 by Bonafide Business Associates, Inc., a Florida corporation, whose post office address for purposes hereof is 928- D Mar Walt Drive, Fort Walton Beach, Florida 32547, hereinafter referred to as " Grantor", to Lewis Turner Blvd. FWB, L.L.C., a Florida Limited Liability Company, whose post office address for purposes hereof is 1006 N. Beal Parkway, Fort Walton Beach, Florida 32547, hereinafter referred to as " Grantee". WITNESSETII: That Grantor, for and in consideration of the sum of Ten and No/ IOO Dollars ($ 10.00) and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confums unto the Grantee, all that certain land more particularly described as follows: See Exhibit " A" for the legal description of the land in question. The said land 0 is 5is not homestead property of Grantor. SUBJECT TO THE FOLLOWING: 1. Real estate taxes for the current year and subsequent years; 2. Matters which a current surveyor careful inspection of the property and any improvements thereon would reveal; 3. Laws, codes, rules and regulations of any governmental authority having jurisdiction over the property; 4. Any minerals or mineral rights leased, granted or retained by Grantor or prior owners of the land; 5. Easement recorded in Book 924, page 218, of the public records of Okaloosa County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVB AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lawful authority to sell and convey said land; that Grantor warrants the title to said land and will defend the same against the lawful hereby fully claims of all persons whomsoever; and that said land is free of all encumbrances, except as otherwise stated herein and except taxes accruing subsequent to December 31, 2004. Neither Grantee nor it' s successors or assigns shall use the land for a period of ten years from the date of this deed for an orthopedic medical practice or for a surgery center. After the expiration of the ten year period in question the land may be used for any and all purposes,