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

shall at its sole cost and expense, promptly 116 repair, replace"i\ gd:'at all times maintain in good condition the Premises. 117 118 C. In the event the Premises is destroyed by fifty percent ( 50%) or more of the 119 total structural components or area of the improvement, as defined in the City Council 120 Code, at any time, this License shall tenninate. Otherwise if is less than 50% of the damage 121 total structural components or area of the improvement, Licensee shall, within thirty days 122 from the date of such damage or destruction, submit to the City Council its plan for 123 repairing or abandoning, pursuant to section 10 below, the Premises. 124 3- C:\Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # 1a 30 Nov 2006 125 Section 8. Signs 126 All signage of any kind on the premise shall be in accordance with the Code of 127 Ordinances ofthe City Council of F ort Walton Beach. 128 129 Section 9. Insurance 130 A. The Licensee shall, during the tenn, and at its sole expense, obtain and keep 131 in force, with City Council named as additional insured, commercial general liability 132 insurance including personal injury, bodily injury, broad fonn property damage, operations 133 hazard, owner' s protective coverage, contractual liability and and produst~." completed 134 operations liability in limits not less than $ 1, 000,000 for, each oCqprren9~ and in the 135 aggregate. ( The aggregate limits of such insurance are to appJYi;;:;pecifically,;fb th~.J,' remises 136 and Area " 2" and not to other or multiple locations). The Li~en~e~"shall b&;. ii~ resp~ ible for 137 maintaining and paying the for premium property insurance coverirtgLicensee~S: interest in 138 the personal property belonging to the Licensee. ' 0,,;,: 139 The Licensee shall maintain id"( 140 B. Cir9~: a policy of worker's compensation 141 insurance in compliance with applicable Florida la~ worker' s E'1Ie:' J; compensation insurance 142 policy shall include employer' s liability insurance\y# b;' limits of liability not less than 143 1, 000, 000 for each accident/$ l, OOO, OOO per employ'~€ J:: f9f4isease/$ 1, 000, 000 policy limit 00', 144 l~ dl" or ::~/:~ sease..;;;; <'" ":, 145 o . 146 C. The Licensee:~ haf11:I1alntflin in force a policy providing automobile liability 147 insurance which providesuP6~ e; ctg~ for ih{j, exposure created by the use of "any Auto", as 148 designated by the use off'~ Yt;nboJ 1" or thei~dividual insurance company' s equivalent, in C<',. :<". 149 the policy.> ", r :. , 150 c'; D. GQ:u,pcil gas the right to periodically review the insurance 151 The City 152 bf thi$,Lea~~;;Agr~e,1jp. e;;t and by providing ninety ( 90) days advance notice in requiremettt$,' 153 writing to theLicen.~ee, to ih, ai<:e any adjustment in insurance requirements. 154 P;:':, i;~ 155 E.:' ~ ll;:pplic~e~ quired to be maintained by the Licensee pursuant to this 156 section 'sh~ll be i~sue~: in a fonn acceptable to the City Council by insurance companies 157 having and\ I:Ilaint~ ining at least an AVII rating in the most currently available " Best's 158 Insurance Repb~~i' and qualified to do business in Florida. In no event shall such policy or 159 policies provide for a deductible amount for any type of coverage in excess of $1, 000.00 160 and all such policies shall provide that the full amount of any losses sustained shall be 161 payable for the City Council' s benefit under the tenns of this License Agreement 162 notwithstanding any act, omission or negligence of City Councilor Licensee which might 163 otherwise result in a forfeiture of insurance coverage. Failure to provide or maintain 164 coverage as provided in this section shall be deemed an event of default hereunder. 165 166 F. The Licensee shall protect, defend, indemnify and hold the City Council and 4- C:\ Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # 1a 30 Nov 2006 167 City Council's officials and employees, hannless fonn all claims, demands, causes of action 168 orliability, resulting from injury to or death of persons or damage to or loss of property 169 sustained on or about the demised premise and arising from the Licensee' s operations or as a 170 proximate result of the acts or omissions of the Licensee or its employees, agents, invitees 171 or guests. 172 173 G. Nothing herein is intended to be a waiver of the sovereign immunity of the 174 City Council. 175 176 Section 10. Assignment, Sub- license, Etc. . L 177 The Licensee shall not assign, transfer, lease, i~: sublelli!~'qr sublicens~ YJ?, a,r of the 178 Premises, without the express consent of the City Council. Accepta,nce by the q'tyVCouncil of the Operations Plan shall be construed as express consent of the 179 City Coun'citHY 180 181 Section 11. Expiration, Termination or Aballdqp.ment 182 A. This License Agreement shall 6q) i'r~ lS of Midnight, December 2010, i} 183 by operation of the provisions in this License Agt"~~ fuyn1? or upon one- hundred and eighty 184 180) days notice by the City Council, with or witho~tcliuse. 185 00 B. If Licensee gives ~ 186 is tenninated by the City Counc~l;/ Qtf6e,pf intent to surrend~l the Premises or if the license 187 Ljfei1see shall propose and submit an abandomnent plan 188 for the Premises within 30) day~ of notice of tennination. The abandomnent plan thit:1y( 189 shall specifically outline,,~ d addn;~ ss rC' mpval of aboveground improvements owned by 190 Licensee on a prescribedtitn,~lih~ to be coi11; p; leted no later than thirty ( 30) days after the 191 tennination of the.~~ id liceris~. ia~ eemene' the restoration of the pennit area, and a prescribed time tr~ih2 192 fqr that ' a.ttio~ or method of valuation of the aboveground a 193 improvements,jp the ' eyeritiQf put9nase by the City. The abandomnent plan shall be submittedl~. th~ City viil~ ot be accepted or any action authorized until the City i' 194 195 notifies e in:writingthat the abandomnent aftq!\ Licenst:: J plan is sufficient. . ',. ...., 196 197 198 in;:~,:;: """ remove'tb,~ Ii't~~~~~:~ f~~ aboV' e,gro1. ltld IS to revise the abandomnent plan as requested by the City, improvements, or restore the Premises within the time proposed, 199 all abovegt' o;gnd itp.provements shall become the property of the City and may be sold, 200 destroyed, oi' q~ erwise disposed of without any liability to the City.