Fort Walton Beach Council agenda — 04-10-2007 workshop agenda — reading text

to the public and media upon request. Your e- mail address and communications may therefore be to public disclosure. subject 4/ 512007  DRAFT # la 30 Nov 2006 1 License Agreement 2 Building Footprint Only 3 With Joint Permitted Use Of Other Areas 4 5 This License Agreement is being executed on 6 2006, between the City Council of Fort Walton Beach, Florida, a municipal corporation, 7 City,"and the Northwest Florida Fair Association, Inc., " Licensee." The tenn " City" shall 8 be construed to mean the City Council and the City Manager, where authorized, of the City 9 of Fort Walton Beach. 10 11 Section 1.Premises',}" ...,~., 12 In consideration of thecovenants, conditions, ' ; .ents aQd stipulations agre Jp License, the City agrees pennit the by Licens~~ of thar~ fea of land 13 provided in this to use d in Okaloosa 14 particularly described and marked as " 1" and " 2" on Exhibit A, sit!' FI;t,~ 15 County, Florida, and referred to as " Premises/" Rurther, in addition tot;J1e land described 16 in Exhibit A, and based on the Operation Plankfh1\ pty Council shall pennit the use of 17 specific delineated parking areas for the time peng, q6.{allY approved event. 18 Licensee shall have nonexclusive use of the a." 2" as marked on Exhibit A. The Af~ 19 City reserves the right to use Area " 2" for public pt1rpqs'e~, including but not limited to 20 the City' fife" and other needs. THis use by the City shall not s administrative, police, ,; 21 include access or use to Area " 2! i':<IJYthe' general public. 22 23 ris.. ."'\'" . Section 2. Use & Condi~~? 24 A. Licensee agtees it shall use" 1he demised Premises solely for agricultural, 25 educational and fairp}lrpose :'~ hsistent with the municipal public purposes and the intent 26 and requirements dtC1iapt~r 616; F.lori~a Statutes ( 2005), and all other valid governmental, 27 social, educatig (il, and c.iv19' P1!rpos~~F 28 C. 29 B.{ Jjc~~see s~ aJI. pr~~ide, prior to 1 January 2007, an Operations Plan. The i' 30 Oper,~tf6fis'ln~ s~~ lnhclng~t~ t a minimum, the following information: Licensee' s current 31 corp6t~te strUhWr~', yerification; a list of all scheduled and anticipated events with a 32 descripttOl}.of th~;,ev~p.f~the dates for all scheduled and anticipated events; and a concise 33 statement teg~rdi~ g the parking area use needed for each event. No activity shall be 34 permitted upoittJi~ Premises other than those activities and events specifically authorized by 35 the City Manager in the Operations Plan, without the written consent of the City Manager. 36 In subsequent years, if any event, activity, or element of the 2007 Operations Plan changes, 37 Licensee shall submit a notice of change bef-ofe 1 December of the year preceding the year 38 in which the change occurs to receive the consent and approval of City Council for such 39 change in the Operations Plan. 40 l- C:\ Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # la 30 Nov 2006 41 Section 3. Term and Commencement Date 42 A. The term of this License Agreement shall be for a period of three ( 3) years, 43 commencing on the 1st day of January 2007, and ending at midnight on the 31st day of 44 December 2010. 45 46 B. Not sooner than 1 June 2009 or later than 1 December 2009, the Licensee 47 shall give notice to the City Council of its intent to renegotiate the license of the Premises or 48 notice of its intent to surrender the Premises. So long as Licensee is in compliance with the 49 terms and conditions of this License Agreement, Licensee gives of its intent to notiS!;\, 50 renegotiate the license, and a specific finding is made by the City Coun911 th~~;~ ntering into 51 a tuse, the license with Licensee serves a public purpose and puts th~~ remises toJts be,~ 52 City Council and Licensee shall negotiate in good faith to f'eacR9- ew te~ s fO~ 1Ia' ticense 53 Agreement. If Licensee gives notice of its intent to surrender the' Pr,emises';'tI1e Licensee 54 shall begin immediate actions pursuant to Section 11 below. "', .,? 55 56 57 Section 4. Rent '.' ,\ .' 58 A. Rent for the term of this License <s~~ l\ be at fair market value of $? 59 annually and shall be paid quarterly on the last da'y' ot 11; e last month of each quarter 60 March, June, September, Decem~~r).(:) f each year. The fitsfrent payment shall be due on 61 1 March 2007. Additionally, retjlfsh1;llfinclude an additional ?% of gross receipts charges 62 of all business conducted oJ;r;tJ1~; Qemi~ed Premises. The gross receipts charges shall be 63 payable quarterly no laterJ):Hln thirty (30)' 4ays after each quarter. A quarterly audit report, 64 in a form determined by the. pty,Manager,;'~pall be provided with each quarterly payment 65 that at least details tMgross prQ~~~ds received from each event conducted on the premises 66 for the quarter. 67 f~ 68 B. ri R~Ii! ddi,tjonal License terms shall be negotiated after notice by foril1i: ~: 69 Licensee ofits) nt~pt to r~ 9-egotiate the license of the Premises. It is understood by the 70 parti~~;tinh~ tiih~& BP16n of this License that any renegotiation of the Rent shall be texe<; 71 baseI<qp the iIit~ndeg use of the Premises and shall continue to be at fair market value for 72 the Prerrlis,es at ifVl:t tlWb. It is further understood that such new Rent may include an annual 73 adjustment b~sed'~ m the CPI calculated of an average for the previous year sampled at 74 two months pnQJ7' fo the start ofthe new year. 75 76 C. Rent payments shall be made payable to the " City of Fort Walton Beach" 77 and mailed or delivered to the Finance Director, at PO Box 4009, Fort Walton Beach, 78 Florida 32549- 4009. 79 80 Section 5. Taxes and Fees 81 A. The parties acknowledge that the Premises are owned by the City of Fort 82 Walton Beach, a municipality, and that Licensee is a corporation formed pursuant to 2- C:\ Docurnents and Settings\ cjones. FWB- LAN\ Local Settings\ Ternporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # la 30 Nov 2006 83 Chapter 616, and both entities are exempt from ad valorem real property taxation. However, 84 this License Agreement may create a possessory interest or security interest in Licensee that 85 is subject to taxation. Should this occur, the Licensee agrees to pay all such taxes prior to 86 delinquency. 87 88 B. The Licensee shall pay all license fees or other governmental charges, 89 including but not limited to commercial personal property taxes, sales and use taxes, resort 90 taxes, etc.) assessed imposed on the personal property of the Licensee located on the or 91 demised Premises or upon the business operations of the Licensee . conducted on the 92 demised Premises, or upon the personal property of the City, any, use(fb);'th,~Licensee on 93 the demised Premises." ,. 94 it;(;; 95 C. If the City is obligated to collect any taxes, fees, or'~ harges, ~'rtch~ bes, fees, 96 or charges shall be invoiced by the City to Licensee, and Licensee shalFn;lake such payment 97 as invoiced and forward such payment to the Cjty, o ." 98 00 99 Section 6. Utilities, Services Required :~ r '. ,. 100 The Licensee shall pay before delinquencyall~ 99'~ ges for utilities, including but not 101 limited to water, electricity, gas, heating, cooling, seW~t~.,Ca? le and used the telephone, by 102 Licensee on the Premises, and all~ harges for solid waste:cpllection service. The Licensee shall contract with the City Co~'ti8i1. 103 ofFort Walton Beach Public Works Department for 104 dumpster service and be ble. tor~ isposal of all generated solid waste. The Licensee 9n,~~ resJ;? 105 shall participate in the Ci~~ s' recycling program. 106 107 Section 7. Alterati~I,J.s",.Additio~s;'Improvetlents, Repairs, Destruction 108 A. The;' Llcetl~ee miIy. nqt make alterations, additions, or improvements, 109 s, except by written consent ofthe City Council. temporary orp;~1Jl1anent;} o t.~e.~ remj,~~ 110 it .:\ '\ U" ' 111 B. .....Jhe:! ' Licen~(;;~"as the owner of the buildings and other aboveground 112 imprqy~ffient~.shq~ n"6nE.~ ibit A, assumes sole responsibility for maintenance and repair 113 of th~.~tructtite,~ 6n...t~ePremises and Area " 2" as marked on Exhibit A, including 114 compliaiicy with"aJI w hi, s, ordinances and regulations that are or may become applicable to 115 such Premlse~ fro~ time to time. The Licensee