Fort Walton Beach Council agenda — 11-21-06 ‎(special)‎ — reading text

general liability insurance including personal injury, bodily injury, broad fonn 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. ( The aggregate limits of such insurance are to apply specifically to the Premises and Area " 2" and not to other or multiple locations). The Licensee shall be responsible for maintaining and paying the premium for 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/$I, OOO, OOO per employee for diseasel$ 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.Vll 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 Council or 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, hannless fonn all claims, demands, causes of action or liability, resulting ftom injury to or death of persons or damage to or loss of property sustained on or about the demised premise and arising from 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 shaIl not assign, transfer, lease, sublease or sublicense any part of the Premises, without the express consent of the City Council. the Acceptance by City Council of the Operations Plan shall be construed as express consent of the City Council. Section 11. Expiration, Termination or Abandonment A. ' This 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 SUITender the Premises, Licensee shall propose abandonment an 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 ftame 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: Tom 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 pennitted by law. Section 14. Constnlction The Parties have participated jointly in the negotiation and drafting of this License this Agreement. In the event an ambiguity or question of intent or interpretation arises, 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, or agreements, either written or oral. Provisions of this License Agreement representations 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 _ mW, ~ Helen Spencer 7 City Clerk 7JI-~ Witness ~ ~ A L Printed Name: tf.<' I U~~ l)411 t- Before me, the undersigned authority, on th00\Y) - ay of December 2005, 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 WaJton Beach, Florida, did execute this instrument in the name of the Ci Council of Fort WaJton Beach, Florida. c:sco. r;.........., KEu.. v CaoNnItOQ 321 B!1! 8rI' 12001 i X0tl:: 1001432~! tary Public A8M. IIIC i Nortbwest Florida Fair Association, Inc. December 29, 2005 D. ted~ Wittless ~ Printed Name: CZ Helen A. Spencer t4l 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~Notaryt/ Ci4t ~ Public CamrnIIIIon_. III. l..~~~7- ....  EXIllBIT A SURVEY OF NORTWEST FLORIDA FAIRGROUNDS- EXISTING UMPROVEMENTSDATEDll~ ro5 BUILDING FOOTPRINT ONLY WIm JOINT PERMITTED USE OF OTHER AREAS 8-  T ani L. Craig Mariml & Family Law Attorney at Law Municipnl Law 14 July 2006 Mr. C. H. Rigdon Northwest Florida Fair Association. Inc. 1958 Lewis Turner Blvd Fort Walton Beach, FL 32547 Via Cel1ified Mail: 7003 05000000 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 II A of the Agreement. This is your official notice that the Lease Agreement ~ ill be terminated in one hundred and 180) days from this notice. The Council further authorized thai you propose an eight)' ( abandonment plan for the Premises. The abandorunent plan shall specifil:aHy outline and address removal of aboveground the restoration of