Fort Walton Beach Council agenda — 10-25-2006 ‎(special)‎ — reading text

property insurance covering Licensee' s interest in the personal property belonging to the Licensee. B. The Licensee shall maintain in force a policy of worker's compensation insurance in compliance with applicable Florida law. The worker' s compensation insurance policy shall include employer' s liability insurance with limits of liability not less than 1, 000, 000 for each accident/$I, OOO, OOO per employee for disease/$ I, 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 "symbol 1" or the individual insurance company' s equivalent, in the policy. D. The City Council has the right to periodically review the insurance requirements of this Lease Agreement and by providing ninety ( 90) days advance notice in writing to the Licensee, to make any adjustment in insurance requirements. E. All policies required to be maintained by the Licensee pursuant to this section shall be issued in a fonn acceptable to the City Council by insurance companies having and maintaining at least an A.Vrr rating in the most currently available " Best' s Insurance Reports" and qualified to do business in Florida. In no event shall such policy or policies provide for a deductible amount for any type of coverage in excess of $1, 000.00 and all such policies shall provide that the full amount of any losses sustained shall be payable for the City Council's benefit under the tenns of this License Agreement notwithstanding any act, omission or negligence of City Councilor Licensee which might otherwise result in a forfeiture of insurance coverage. Failure to provide or maintain coverage as provided in this section shall be deemed an event of default hereunder. F. The Licensee shall protect, defend, indemnify and hold the City Council and City Council's officials and employees, harmless fonn all claims, demands, causes of action or liability, resulting from injury to or death of persons or damage to or loss of property sustained on or about the demised premise and arising ffom the Licensee' s operations or as a 4- 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 of the sovereign immunity of the City Council. Section 10. Assignment, Sub-license, Etc. 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 of the Operations Plan shall be construed as express consent of the City Council. Section 11. Expiration, Termination or Abandonment A. TIlls 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 improvements. The abandonment plan shall specifically outline and address removal of aboveground improvements owned by Licensee, the restoration of the permit area, and a prescribed time fi'ame for that action or a method of valuation of the 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 improvements, or restore the Premises within the time proposed in the abandonment plan, all aboveground improvements shall become the property of the City and may be sold, destroyed, or otherwise disposed of without any liability to the City. However, the Licensee shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the Premises. Section 12. Notices All notices, demands, requests or replies required by this License Agreement shall be in writing to the addresses listed below and may be delivered by United States Postal Service as certified or registered mail, return receipt requested, postage prepaid or with an overnight express delivery service: For purposes of notice, demand, request, or reply, the address of the City shall be: City Manager City of Fort Walton Beach 5-  P. O. Box 4009 Fort Walton Beach, FL 32459 With copy to: Toni L.Craig City Attorney 244 Racetrack Rd NE 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 Section 13. Severability If any section, subsection, tenn or provision of this License Agreement of the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, tenn or provision of this License Agreement or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, 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 negotiation and drafting of this License Agreement In the event an ambiguity or question of intent or interpretation arises, this 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 of this License Agreement. Section 15. Entire Agreement This License Agreement represents the entire and integrated License Agreement between the City Council and Licensee and supersedes all prior negotiations, representations or agreements, either written or oral. Provisions of this License Agreement may be amended only by written instrument approved and signed by the City and Licensee. City Council of Fort Walton Beach December 29, 2005 Dated 6- A714 Helen Spencer 7 01<<, ~ City Clerk rJ~ Witness ~- A ~ A L Printed Name: ~ 411 I U~~ lJtf.< t- Before undersigned authority, on thQ.0\ me, Michael the of December 2005, YJay personally appeared 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, Flori~ did execute this instrument in the name of the Ci Council of Fort Walton Beach, Florida. KELLY c~.scoTT"........~ Canwn#DQo32128S i EIpqa 811 112008 : 1OO1432.Q! K! . tary Public Inc : Northwest Florida Fair Association, Inc. December 29, 2005 Dat~ { Wicless ~ Printed Name: l Helen A. Spencer 4l D- Printed Name: Joyce Shanahan Before me, the undersigned authority, on the ~ rM day of December 2005, personally appeared Charles H. Rigdon, in his official representative capacity for the Northwest Florida Fair Association, Inc., and by proper authorization of the corporation, did execute this instrument in the name of the corporation. a~NotaryVtMJ ~ Public LARAINE "'_. ._ Con~.' DlIIT III e..-. __ rT. J.I...........~~.~~. ... 7-  EXIllBIT A SURVEY OF NORTWEST FLORIDA FAIRGROUNDS- EXISTING IMPROVEMENTS DATED 1119/ 05 BUILDING FOOTPRINT ONLY WITH JOINT PERMITTED USE OF OTHER AREAS 8-  Toni L. Craig Mari1aJ & Family L8W At10mey at Law Municip<il Law 14 July 2006 Mr. C. H. Rigdon Northwest Florida Fair Inc. Association.. 1958 Lewis Turner Blvd Fort Walton Beach. FL 32547 Via Certified Mail: 7003 0500 0000 8390 1950 Re: Notice of Termination: License Agreement 1958 Lewis Turner Boulevard Dear Mr. Rigdon: On 13 July 2006. the City Council of Fort Walton Beach voted to tenninate the License Agreement for the property located at 1958 Lewis Turner Boulevard pursuant to its rights under Section 11 A of the Agreement. This is your official notice that the Lease Agreement will be tenninated in one hundred and eighty ( 180) days from this notice. The Council further authorized that you propose an abandonment plan for the Premises. The abandonment plan shall specificaJly outline and address removal of aboveground improvements, the restoration of the pennit area. and a prescribed time frame for those actions. The abandonment plan must be submitted to the City and \\'; 11 not be accepted" or any action authorized, UTrtil the City notifies you in \\ Tiring that the abandonment plan is sufficient. If you fail to carry out lhe lenns of the abandonment plan. all aboveground improvements shall become the property of the City and, in accordance with Florida law, may be sold. destroyed. or otherwise disposed of without any liability to the City. However, the Fair Association shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the area. ou have any questions. please contact me directly. Thank yOU. If)' S