Fort Walton Beach Council agenda — 06-02-09 special — reading text

AGENDA CITY OF FORT WALTON BEACH SPECIAL CITY COUNCIL MEETING June 2, 2009 6: 30pm CALL TO ORDER PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. ACTION ITEM 2. 1 Approval of lease for City property located at 55 Hill Avenue, to the Emerald Coast Wildlife Refuge, Inc. Synopsis: This lease serves the public purpose of providing landfor the establishment ofrendering wildlife rehabilitation services. ( City Manager) 2. 2 Approval of the CDBG Action Plan to absorb additional funds available for an additional rehab. Synopsis: Stimulus funding has been made available, and the plan has to be amended, approved and submitted to HUD by June 5. ( City Engineer) 2. 2. 1 Adoption of Resolution 09 -18 waiving notice provision of Citizen' s Participation Plan in accordance with direction provided to CDBG under the American Recovery and Reinvestment Act 2009. Synopsis: HUD reduced notice required. ( City Engineer) 2. 2. 2 Adoption of Resolution 09 -17 amending the CDBG Budget to account for additional funds. Synopsis: Required to record the revenue and expense associated with the additional funds. ( Finance Director) ADJOURNMENT Discussion —Direction —Action items may be acted upon by the City Council by either a motion with vote in accordance with Robert' s Rules of Order, or by a consensus of the Council. Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( FS286.0105) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  CITY COUNCIL SPECIAL MEETING June 2, 2009 Special Meeting Agenda Approval of Agenda Agenda Item Number: 1  CITY COUNCIL SPECIAL MEETING June 2, 2009 Special Meeting Agenda Approval of lease for City property located at 55 Hill Avenue to the Emerald Coast Wildlife Refuge Synopsis: This lease serves the public purpose of providing land for the establishment of rendering wildlife rehabilitation services Agenda Item Number: 2. 1  City of Fort Walton Beach Memorandum Date: May 27, 2009 To: Honorable Mayor and City Council Members From: Mana g- Robert T. Mearns, City Manager ems Subject: Lease for City Property /Emerald Coast Wildlife Refuge Background The Emerald Coast Wildlife Refuge has approached the City to lease a parcel of property on Hill Avenue, for the legitimate public purpose of rendering wildlife rehabilitation services including environmental education. Their letters are attached as part of this item. Discussion The Refuge has been granted funds in the form of a trust fund for the purpose of establishing an educational and functional wildlife refuge. A map identifying the parcel is attached as part of the lease document. The map shows that this property is partially jurisdictional wetland, which is perfect for their purpose, however, the lease does include a clause whereby the Refuge has six months from the inception of the lease to determine if the land is really suitable for their purpose. If they determine that the land is unusable, the lease becomes null and void. Conclusion/ Recommendation Approve the lease with the Emerald Coast Wildlife Refuge as presented.  LEASE AGREEMENT Between CITY OF FORT WALTON BEACH And EMERALD COAST WILDLIFE REFUGE, INC. The State of Florida County of Okaloosa 1. Parties This lease is made between the City of Fort Walton Beach, Florida, a municipal corporation, with its principal place of business at 107 Miracle Strip Parkway SW, Fort Walton Beach, Florida 32548, and its mailing address of Post Office Box 4009, Fort Walton Beach, Florida 32549 -4009, as City /Lessor, and Emerald Coast Wildlife Refuge, Inc., a not for profit ( section 501( c)( 3)) corporation, with its principal place of business at 406 Mountain Drive, Destin, Florida 32541, as Lessee. 2. Description of leased premises City hereby leases to Lessee and Lessee hereby leases from City the property and improvements situated at 55 Hill Avenue, Fort Walton Beach, Florida, 32548 ( " premises ") and more fully described in Exhibit A attached to this lease and incorporated by reference. 3. Use and Occupancy a. Purpose Lessee shall use and occupy the premises as and for the legitimate public purpose of the Emerald Coast Wildlife Refuge, Inc., for the public purpose of rendering wildlife rehabilitation services including environmental education. Lessee shall not change its use of the premises without City's prior written consent. b. Compliance with Law Lessee shall comply with all applicable Federal, state and municipal laws, ordinances, regulations and rules, and shall not directly or indirectly make any use of the premises which may be prohibited or may be dangerous to person or property or may increase the cost of insurance or require additional insurance coverage. Lessee acknowledges that Jurisdictional wetlands may exist on the property and as such will comply with Federal, state and municipal laws, ordinances, regulations and rules governing the use and development of the property. C. City' s Credit Power Nothing herein shall be construed as a pledge or use of the City' s taxing power or credit. 4. Term 1St The premises is leased for a term to commence on the day of June 2009, and to end on 31St the day of May 2014, unless renewed or terminated at an earlier time and date as this lease may provide. Lessee shall have six ( 6) months from the inception of this lease to determine if the land is suitable for the purpose for which it is leased. During this period if the Lessee determines that the land is unusable due to legal constraints imposed by a competent jurisdiction, the lease shall be null and void. 5. Option to Renew City grants to Lessee an option to renew this lease for one additional term of five years after expiration of the initial term of this lease. At least sixty (60) days prior to the date of termination of the first term, either party to this agreement may notify the other party, in writing, of its intent to renew this lease or to terminate this lease. Upon a renewal of the lease, all terms and conditions as stated in this lease, unless modified in writing by the parties, shall continue in full force and effect. If either party notifies the other of its intent to terminate this lease, this lease shall terminate as of 60th midnight on the day after the date of the notice of termination. 6. Rent The total annual rent for the first term shall be the sum of $1 per year. Such sum is payable 1St in one annual installment on the day of June of each calendar year during the term of this lease. The City hereby acknowledges receipt from Lessee of the sum of $1 by check, for rent to and St including the 31 day of May 2010. If this lease is renewed for a second term, the total annual rent for the second term shall be st the annual sum of $2 per year. Such sum is payable in one annual installment on the 1 day of June of each calendar year during the second term of this lease. 7. Notice and Place for Payment of Rent Lessee shall pay rent to the City at the City's principal place of business stated above by delivering such payment to the City Clerk. Any notice by either party to the other shall be in writing and shall be deemed to have been duly given only if delivered personally or sent by registered or certified mail in an addressed postpaid envelope. If to Lessee, notice shall be sent to Emerald Coast Wildlife Refuge, Inc., 406 Mountain Drive, Destin, Florida 32548. If to City, notice shall be sent to the City Manager, PO Box 4009, Fort Walton Beach, Florida 32549. Notice shall be deemed to have been duly given, if delivered personally; upon delivery, and if mailed, on the third ( 3) day after the mailing of such notice. 8. Maintenance, Repair, and Inspection of premises Lessee shall pay all utilities for the premises, and maintain and make all necessary repairs to the premises, to include the interior and exterior of any improvements, the parking lot, landscape, and all areas of the premises. Lessee shall commit no act of waste and shall, in the use and occupancy of the premises, conform to all applicable laws, orders, and regulations of any governmental entity as they pertain to the condition of the premises. The City may enter the premises at any reasonable time, upon adequate notice to Lessee, except that no notice need be given in case of emergency, for the purpose of inspection of the premises. 9. Alterations, Additions or Improvements Lessee shall have the right to erect and construct on the premises a structure to house the operations of the tenant. Such erection and construction, and any grading, drainage and pavement work, excavations, removal,razing or destruction of trees, plants, shrubs and top soil, shall be properly permitted by the City and consistent with applicable provisions of the City' s Code of Ordinances and Land Development Code. During the term of this lease, title to all such improvements shall remain in Lessee alone and Lessee shall be entitled to claim all depreciation to any improvements constructed on the premises. However, title to any and all improvements on the premises shall pass to the City upon termination of this lease, unless otherwise agreed by the parties. } Lessee shall not, without first obtaining the written consent of City, make other alterations, additions or improvements in, to or about the premises. Upon termination of this lease, Lessee shall, at Lessee's expense, remove all of