Fort Walton Beach Council minutes — 04-10-1990 Regular — reading text

proposed exactly what was bid. Mr. McDonald answered no. they proposed to swap the land, which would involve a lease, and he was told the City staff said it would be better to do a deed. Mr. Maney asked Mr. McDonald' s legal op~ n~ on regarding whether or not whoever buys the property could, with PASARDA' s consent, locate PASARDA outside the Industrial Park. Mr. McDonald answered it could not be done, PASARDA can go outside the Industrial Park, but the bid cannot be changed at this point. Mr. Maney said he was not talking about the bid; he is asking whoever gets the bid, for whatever price, is there any legal reason why PASARDA could not go outside the Industrial Park. Mr. McDonald answered there is no legal reason PASARDA cannot go outside the Industrial Park; however, PASARDA, under the bid, has to receive the deed to Ready Avenue; the question is, what do they do with that. Mr. Rosenbaum said one option has not been approached; PASARDA has blatantly violated their lease. Mr. McDonald stated that was an opinion. Mr. Rosenbaum said based on information given to Council, PASARDA entered into an agreement on January 9, 1990 with Aero Tech to create the encroachment; he saw nothing in the lease to permit that without City' the s consent. Mr. McDonald remarked the agreement provides if Aero Tech does not get the bid. then at PASARDA' s request the encroachment would be removed and its condition restored, and they stand by that; if PASARDA says rip it out. they will rip it out; if Bill Stone gets the property and says rip it out, they will rip it out. He said it is not a violation of lease because it is not an subletting; assignment or it may be an encroachment improvement, or but an those do not require permission of the City Council. Mr. Wyatt City Attorney if he agreed with asked the Mr. McDonald'opinions as to how to solve the s problem. or the ramifications of what happened on March 27th in terms of throwing the bids out. The City Attorney said his answer to Mr. McDonald' s Letter is it raises issues he thinks would be appropriate for a Court to decide, and he cannot say what would be the projected results; he does have some feel of what the exposures are from each of the respective sides.  239 4- 10/ 11- 90 INDU STRIAL PARK ( CONT . ) Vern Cunningham., 706 Revere Avenue, President of PASARDA, said beginning in January, Aero Tech made the proposal to buy the property and relocate PASARDA, to be presented as a bid. They asked for an agreement to pave a portion with the condition that if Aero Tech were not the successful bidder, it would revert back to PASARDA or be removed. He said there was no mention at the time of relocating PASARDA outside the Industrial Park; it asked the Ma~ h 27th I was at meeting if PASARDA would object to being located outside the Park, after the bid received. Mr. Cunningham. said anything suitable and equal to their present facility would be welcome, and outside the Park they would not have this problem now. He said if the bids are submitted, they would agree to relocation to any suitable location in the area that would satisfy PASARDA' s requirements, inside or outside the Industrial Park. Mr. deVaux asked if PASARDA would be agreeable to be located in the Industrial Park with a lease from the City. Mr. Cunningham. answered that would be acceptable; they have four years left on the current lease with an option to renew- for 20 more years, and if they want to transfer that lease to a different area in the Industrial Park, that would be acceptable with PASARDA. Mr. Rosenbaum said he made the original motion, and his intent was not to circumvent the RFP. but rather to award it highest bidder and give both Bill to the Stone and PASARDA any leeway that Council is now discussing this evening. He said his position remains the same, personally he did not care; if Mr. Stone wants to buy both parcels and then negotiate scmething with PASARDA somewhere else that PASARDA may like even more, that is OK too, he did not have a problem with that. His intent was not to distort the RFP, and evidence of that was the motion he made last night that didn' t get seconded. He said he had no problem with anybody that buys the property, he believes in the right of private property ownership and. for the record, he does not own any in this community; and he thinks it is only right, fair, equitable, or just, that whoever owns that property can do anything they want, within the bounds of reason. He said he has no objection whatsoever to Aero Tech or Mr. Stone negotiating with PASARDA something other than what