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

However, the 201 Licensee shall remain liable for all costs associated with their removal, including costs of 202 sale and impoundment, cleanup, and restoration of the Premises. 203 204 Section 12. Notices 205 All notices, demands, requests or replies required by this License Agreement shall 206 be in writing to the addresses listed below and may be delivered by United States Postal 207 Service as certified or registered mail, return receipt requested, postage prepaid or with an 208 overnight express delivery service: 5- C:\Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # la 30 Nov 2006 209 210 For purposes of notice, demand, request, or reply, the address of the City shall be: 211 City Manager 212 City of Fort Walton Beach 213 P. O. Box 4009 214 Fort Walton Beach, FL 32459 215 216 With copy to: 217 Toni L.Craig 218 City Attorney 219 244 Racetrack Rd NE 220 Fort Walton Beach, FL 32548 221 222 The address of the Licensee shall be: 223 Northwest Florida Fair Associatiol1' Inc. 0 '. 224 C. H.Rigdon 225 1958 Lewis Turner Blvd 226 Fort Walton Beach, FL 32547 227 228 Section 13. Severability ,... 229 If any section,subsectiQtt' t~n11 or provision of this License Agreement of the 230 application thereof to anYiPari)r, pr~ ircumstance shall, to any extent, be invalid or o[" 231 unenforceable, the remaitlger said sectiQn, subsection, term or provision of this License 232 Agreement or the ap 1icati6hofsa. me to paiti~g or circumstances other than those to which 233 it was held invaliq) Q[ unenfor:c~~b1e, shall not be affected thereby and each remaining 234 section subsection;;' t~rtn or prhyision of this License Agreement shall be valid or 235 enforceable to. the fullestoext~l1t perrrljtled by law. C.,',-,','. '". ,:,,;. '. " F;' ' r 236 k .; ~+ 237 Section 14: p.strqction .; \.. C() 238 The;~ariie{ i1avep~~ itipated jointly in the negotiation and drafting of this License 239 Agr~fuJ.ent. ill"U1e' eyent an ambiguity or question of intent or interpretation arises, this 240 License"Agreem~ t sh~n be construed jointly by the Parties and no presumption as if drafted or burden df, 241 proof;shall arise favoring or disfavoring any Party by virtue of the authorship 242 of any of the prQ~~ ions of this License Agreement. . 243 244 Section 15. Entire Agreement 245 This License Agreement represents the entire and integrated License Agreement 246 between the City Council and Licensee and supersedes all prior negotiations, 247 representations or agreements, either written or oral. Provisions of this License Agreement 248 may be amended only by written instrument approved and signed by the City and Licensee. 249 250 City Council of Fort Walton Beach 6- C:\ Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # la 30 Nov 2006 254 Attest: 255 256 257 Helen Spencer Michael G. Anderson, Mayor 258 City Clerk 259 260 261 262 Witness 263 Printed Name: 264 265 Before me, the undersigned authority, on the "\ oq,ay of D~ ceni~~r 2006, 266 personally appeared Michael G. Anderson and Helen Spencer, ill their' fep'tesentative 267 capacity as the City Mayor and the City Clerk, and by proper auth6rj:z.~~ ion of the City 268 Council of Fort Walton Beach, Florida, didex~cute this instrument i,1:fihe name of the 269 City Council of Fort Walton Beach, Florida. 270 271 272 ry~rublic Not(}: 273 274 275 Northwest Florida Fair Association, Inc. 276 j ;", 277 278 Dated 279 280 r' Charles H. Rigdon 281 Witness <" f" C-;;.' u 282 Printed Naill~:, 0-,,';' 283 284 285 Witness"\ 286 Printed Nalhe: i~~; 287 288 Before me, the undersigned authority, on the day of December 2006, 289 personally appeared Charles H. Rigdon, in his official representative capacity for the 290 Northwest Florida Fair Association, Inc., and by proper authorization of the corporation, 291 did execute this instrument in the name of the corporation. 292 293 294 295 Notary Public 8- C:\ Documents and Settings\ cjones. FWB- LAN\ Local Settings\ Temporary Internet Files\ OLK20E\ licensefinal_Revised_ 1a. doc  DRAFT # la 30 Nav 2006 296 SURVEY OF NORTWEST FLORIDA FAIRGROUNDS- EXISTING 297 IMPROVEMENTS DATED 11/9/ 05 298 299 BUILDING FOOTPRINT ONLY 300 WITH JOINT PERMITTED USE OF OTHER AREAS 9- C:\ Dacuments and Settings\ cjanes. FWB- LAN\ Lacal Settings\ Temparary Internet Files\ OLK20E\ licensefinal_Revised_ la. dac  119 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 21, 2006 INTRODUCTION A special meeting of the City Council was held on Wednesday, November 21, 2006, at 5: 30 p. m. in the Council Chambers of City Hall with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; Bill Patterson; Bob Campbell, Mayor Pro Tem; Jim Tucker; Dr.Wayne Pullen; Jim Hartwell; and Mike Minich Also present:Joyce Shanahan, City Manager; Lisa Absher, Finance Director; Helen Spencer, City Clerk; Toni Craig, City Attorney; and media CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, and then state his or her name and address for the record. PLEDGE The Mayor led in the Pledge of Allegiance. FAIR ASSOCIATION ABANDONMENT PLAN Consideration of the abandonment plan offered by the Northwest Florida Fair Association. The City Manager reported staff completed the process of analyzing whether or not the property could be declared excess and finds that:the property was purchased, in part, to maintain the recreational use; the that the purchase was partially financed with tax exempt bonds and there is a safe harbor provision the debt is satisfied and if the financing may only be used for governmental purposes for five years or until sell at less than Fair property were sold to a non- governmental entity, the City would not be permitted to Market Value, and it was noted if the were sold to another governmental agency, the restrictions property would not apply; at four different meetings Council directed her to discuss with the County their interest in indicates there is a future locating the Judicial Center Annex expansion on a portion of the property, which need for the property; the City Attorney has given an opinion there is no basis for a determination that the to develop the property, property is unneeded; and the City has solicited bids to develop a master plan there remains future need for the property. She reported staff finds it which is an underlying assumption a cannot be declared excess at this time. The City Manager went over the options available: to accept the abandonment plan, with or without an extension for removal of the buildings; to direct staff to enter into an Interlocal Agreement for the transfer s overall of a portion of the property to the Fair Association, however, staff does not feel it is in the City' best interest; or to direct staff to negotiate a new lease or license agreement with the Fair Association, and whether and provide staff specific direction on the length of term, compensation, termination clause, or not there should be oversight. r^: Mr. Hartwell wished to know if research had been done on the fair market value for a lease of the a lease had not been done and property. The City Manager replied that a fair market analysis for