Fort Walton Beach Council agenda — 10-24-2006 ‎(regular)‎ — reading text

HighSteppers, Inc. The HighSteppers group is a not- for-profit 501 c 3 charitable organizations that seeks to promote the performing arts by providing entertainment for charities, social groups and businesses and cooperates with civic officials in contributing to community projects. In so doing, HighSteppers, Inc. have performed for numerous schools, churches, nursing homes, and other community organizations; by their estimate, entertaining over 10,000 residents in the last seven years. The also estimate that the have had approximately 57 FWB residents that have been members of their group over the last several years. Recommendation: Because the HighSteppers organization is similar in purpose and function to that of PASARDA; and because HighSteppers provides a worthwhile community service that the City is not otherwise able to provide, staff recommends assignment of the lease for 17 Industrial Street from PASARDA to HighSteppers, Inc. Respectfully submitted, C~ fnager Docid: c:\documents and settings~shanahan.fwb. lan\ my documents\city atomeyl\as p ard\ pasarda lease assignment staff report .doc  1 CONSENT TO ASSIGNMENT OF LEASE AGREEMENT BETWEEN 2 PLAYGROUND AREA SQUARE AND ROUND DANCE ASSOCIATION, INC. 3 AND THE CITY OF FORT WALTON BEACH TO 4 HIGHSTEPPERS, INC. 5 6 The State of Florida 7 County of Okaloosa 8 9 This agreement between the City of Fort Walton Beach, Florida, a municipal 10 corporation, with its principal place of business at 107 Miracle Strip Parkway SW, Fort 11 Walton Beach, Florida 32548, and its mailing address of Post Office Box 4009, Fort 12 Walton Beach, Florida 32549- 4009, as CityL/es or, and Playground Area Square and 13 Round Dance Association, Inc., a not for profit corporation, with its principal place of 14 business at 17 Industrial Street NW, Fort Walton Beach, Florida, as Les e .is made 15 pursuant to the provisions of the lease of the premises at 17 Industrial Street NW, Fort 16 Walton Beach, Florida, City of , State of Florida ITom lessor to lessee, dated 17 200 18 19 It is, by this Consent, agreed between the above- named parties that the Lessor 20 consents to the assignment of the lease to Highsteppers, Inc., a Florida not for profit 21 corporation, with its principal place business at 17 Industrial Drive, Fort Walton Beach, 22 Florida, under the same terms and conditions as described in the Lease. Except that the 23 purpose of the new Lessee' s use and occupancy shall be to continue professional education 24 in dance while providing entertainment for charities and local social groups and business, 25 cooperate with civic officials in contributing to community projects, and otherwise in 26 accordance with its Articles of Incorporation, as amended, and its By Laws in effect as of 27 the date of this Lease. Lessee shall not change its use of the Premises without City' s prior 28 written consent. 29 30 31 2006 Highsteppers, Inc. 32 Dated 33 34 By: 35 James A.Petty, President 36 37 Before me, the undersigned notary, on the day of 2006, 38 personally appeared Anita Kurz, in her representative capacity as of Highsteppers, Inc., 39 who is personally known to me or has produced identification in the form 40 of: 41 42 43 44 Notary Public 45 1- 46 47 48 49 2006 City of Fort Walton Beach 50 Dated 51 52 53 Attest: By: 54 Michael G. Anderson, Mayor 55 56 57 Helen Spencer, City Clerk 58 59 Before me, the undersigned authority, on the _day of 2006, 60 personally appeared Michael G. Anderson and Helen Spencer, in their representative 61 capacity as the City Mayor and the City Clerk, did execute this instrument in the name of 62 the City of Fort Walton Beach, Florida. 63 64 65 66 Notary Public 67 68 69 70 71 Prepared by, and approved as to form 72 and legal sufficiency by: 73 74 75 76 Toni L.Craig 77 Fla. Bar No 115444 78 244 Racetrack Rd NE 79 Fort Walton Beach FL 32547 80 Attorney for City of Fort Walton Beach 2-  age 1 or L l. Joyce Shanahan From: Toni L Craig [ toni@tlcpa. gccoxmail.com] Sent: Tuesday, October 03, 20069: 14 AM To: Joyce Shanahan Subject: RE: Lease Assignment from PASADRA to High- Steppers Attachments: assignment.doc Joyce on the numbers of It is my legal opinion that the public purpose of the Highsteppers is questionable. Depending not direct benefit to the citizens of the City, and their membership that are City citizens, the group may provide a citizens. Therefore, I advise that this lease should be at fair market their efforts would only tangentially benefit our less than fair market value. In the alternative, it may be advisable for the City to offer the facility value rather than the City. to all non- profit organizations in an effort to improve the direct benefit to the citizens of Nonetheless, if the Council wants to approve the assignment of this lease, we only need an assignment a copy of document. Attached is the appropriate, legally sufficient assignment. Thank you, and please provide this email to the Council so they will know my advice. Toni L.Craig Attorney at Law Fla Bar No 115444 244 Racetrack Rd NE Fort Walton Beach FL 32547 850) 243- 6969 Fax: ( 850) 244-8929 other person and The contents of this message may be attorney- client privileged. Do not disseminate to any please ask if you are uncertain. Original Message----- From: Joyce Shanahan [ mailto:jshanahan@fwb. org] Sent: Monday, October 02, 2006 11: 09 AM To: toni@tlcpa. gccoxmail.com Subject: Lease Assignment from PASADRA to High- Steppers Hi Toni: I met with PASADRA and High- Steppers. PASADRA says their numbers are dwindling and High- to High- Steppers and keep all Steppers numbers remain strong. P ASADRA wants to assign their lease the other provisions in place. As you know Mrs. Church ( who hosts cotillion classes) also wants the I don' t believe she is a 501 ( c) ( 3) and she charges considerably for the services she building, however, The similar to the Round Dancers, and is a program that the City does not provides. High- Steppers are review their lease currently offer. I have attached their articles of incorporation here to and ask that you for consideration of assignment to High- Steppers. I am not proposing to amend any other portion of the lease, other than the assignment. Please advise me accordingly, as I would very much like to get this on the October 10th consent agenda if possible. The PASADRA lease is also attached and revised as is indicated. Sorry for the short time line on this issue. Thanks. Joyce Shanahan City Manager City of Fort Walton Beach. FL 10/ 1912006  age L or L l' Phone: 850- 833- 9504 Fax: 850- 833- 9640 Cell: 850-803-9621 Email: ishanahan@fwb. oro to or from City of Fort Walton Beach Please Note: Florida has a very broad public records law. Most written communications officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. 10/ 1912006  Direct Benefit To Citizens Of Fort Walton Beach Highsteppers primary mission is to promote the performing arts by providing entertainment for charities, social groups and businesses and cooperate with civic officials in contributing to community projects. In doing this, Highsteppers take the entertainment to the people and organizations rather than having them come to us. In the past seven years the total number of FWB residents entertained exceeded 10, 000. Examples are: Schools Silver Sands Kids Discovery Liza Jackson Preparatory Edwins Elementary Elliot Point Elementary Combs New Heights Elementary Kenwood Elementary Wright Elementary Oak Hill Elementary Ocean City Elementary Cherokee Elementary Churches St. Mary' s Trinity Lutheran Collaboration With Nonprofit GroQpS Olamber Of Commerce Conference Center Grand Opening Mardi Gras Fourth Of July at the Landing Billy Bowlegs Festival at the Landing Christmas Parade ( First place float for Community Service Org.) NW Florida Symphony Guild - International Wine and Food Expo - Conference Center Sons Of Italy - Festa Italiana - Conference Center American legion VFW Knights Of Columbus Elks Masons Shrine  Okaloosa Arts Alliance Community Chorus Emerald Coast Concert Association Main Street Bob Hope village Teresa Village Heritage House Special Olympics Arts Council of NW Florida - Live TV Performance On Channel 3 American Business Womens Association Stage Crafters Kiwanis Club Germania Nursinl: Homes Westwood Retirement Resort Westwood Convalescent Center Emerald Coast Center Benton House Special Events Focus On Women Health Expo Creative Senior Citizens Center Party FWB Parks and Recreation Showtime Showcase Docie Bass Summer Camp Snowbird